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Roger
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Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My girlfriends sister had a baby 7 months ago that she does

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My girlfriend's sister had a baby 7 months ago that she does not want. The baby has been living with us since she was 3 weeks old. The biological mother never calls or comes to see her. After the second month, she and my girlfriend went to my attorney basically signing over custody to my girlfriend.
We want to make this a permenant by adopting the baby or at least my girlfriend adopting. The biological mother is ok with this. She has no intrest in the childs life and will sign over her rights willingly. What steps should we take first?
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

You will have to file a petition to adopt the child and have the mother sign a document known as a "joinder" that essentially says that she agrees to the adoption. Also, the father will have to be notified, and if he doesn't agree or can't be found, you will have to name him as a party and serve him with a summons (if found) or in the local newspaper (if whereabouts are unknown).

 

I would highly recommend that you hire a local family law attorney to handle this because of the due process rights of the child and the biological parents - even in situations where the parent or parents are agreeable to this.

 

You want to make sure this is done right - and if unopposed - an attorney should be able to do this for less than $1000.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26879
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Kirk

One more thing regarding the father. No father is listed on the birth certificate. The baby is a product of a one night stand and no one is sure who the fater is. One guy did come forward and say he was the father but no effort has been made by him in the area of support or DNA testing. I basically told him if he wanted to play father to have his attorney contact me or my att. but he is young and stupid and never brought it up again. Im sorry I should have included this info,

Expert:  Roger replied 3 years ago.

If the father is unknown, you'd have to publish a summons in the local newspaper for the "unknown father of X child".

 

If no one comes forward, you've met your due process requirement and can continue with the petition for adoption.

 

If someone comes forward claiming to be the father, a DNA test will be ordered by the court.

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