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LADY LAWYER, Family Law Attorney
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Experience:  Family Law Attorney
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Hi, My wife, daughter (6) and stepson (7) are all US citizens.

Resolved Question:

My wife, daughter (6) and stepson (7) are US citizens. I am Dutch and have had a green card for 10 years. I want to adopt my stepson and wonder whether not being a US citizen is a problem. The natural father agrees. Thanks, Herman.

Submitted: 1 year ago.
Category: Family Law
Expert:  LADY LAWYER replied 1 year ago.

LADY LAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you today. Please give me a moment to review your question and to answer you.
LADY LAWYER : In most cases, U.S. lawful permanent residents who adopt children in the United States do so under domestic state adoption laws. The adopted children are generally U.S.-born, U.S. citizen children who are habitually residents of the United States. One of the rights of lawful permanent residents is that in the United States they receive the protection of Federal, state, and local law.
LADY LAWYER : Generally, you will want to work with an attorney in order to adopt the child. The catch is that here in the US, before a child can be adopted, the bio parent either has to give up or be stripped of his parental rights.
LADY LAWYER : Do you think the father will do this? It will mean he technically has no legal rights to the child anymore. He will be a complete stranger in the eyes of the law.
LADY LAWYER : If he agrees, a Petition will be filed where he voluntarily gives up his parental rights and then a subsequent Petition is filed for you to adopt.
Customer:

Thanks for your quick answer! The child has had no contact for 3 years and never paid child support.

LADY LAWYER : Sometimes the petitions are combined. It may look something like this: http://stepparent.adoptionblogs.com/weblogs/sample-of-a-stepparent-adoption-petition
LADY LAWYER : Okay, well he will need to be notified either way and he can either consent to the adoption or contest it.
LADY LAWYER : The court can strip him of his rights even over his objections if there has been no care or contact for 3 years.
Customer:

OK, thanks again! You earned your money!

LADY LAWYER : Wait! Cost...
LADY LAWYER : :)
LADY LAWYER : You are looking at about 3k if everything goes smoothly.
LADY LAWYER : If the father contests (they sometimes try this in order to be paid off or release from previous child support obligations), it may be upwards of 5k.
LADY LAWYER : You can find adoption attorneys in your area using this site: www.martindale.com
LADY LAWYER : I think that's it. If you have any further questions, please just let me know! If not, would you kindly leave me a positive rating at this time? This costs you nothing further to do but it allows the site to release a small portion of your deposit to me. Thanks so much!
Customer:

Father says he won't contest; let's hope he does not.

Customer:

I left you the green face, thanks again!

LADY LAWYER : Thanks! It didn't go through yet. Do you mind trying again? It will close out the chat when it works. Thanks again!
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6531
Experience: Family Law Attorney
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