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Ellen, Lawyer, Consultant
Category: Legal
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Experience:  25 years of experience helping people like you.
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Me and My wife have been married for 6 years and have four

Customer Question

Me and My wife have been married for 6 years and have four children our 13 year old son and 9 year old daughter are from her previous husband he has not been in their life for 6 years now and has not attempted to contact or help them as well. earier this year he was found at his job and they started taking child support from his check he recently found us on face book and said he couldn't afford this and wondered if he could just sign his rights away and be done with them. Me and my wife have looked into adoption but did not want to stir anything up with the previous husband. Now that we truly feel he is not ever going to be a part of the kids life we would like them to have the same last name and I would like to adopt them. I want to make sure I have all legal documents and steps that I need
Submitted: 5 years ago.
Category: Legal
Expert:  Ellen replied 5 years ago.

Thank you for your question. I am happy to assist you.

The process, generally speaking, is to file a petition to terminate the biological parent's parental rights and to permit a step parent adoption.

Step-parent adoption is a fairly streamlined process when you have the consent of the father. After you file the petition, the court may do a home study of your family, however this step may be waived by the court. Finally there will be a hearing to finalize the adoption.

The forms and procedures will need to be followed completely, My best suggestion is that you try Legal Aid. They can represent you based on your ability to pay.

If you cannot retain an attorney then you can copy the forms at your local law library or buy the forms on line complete with instructions.

I found a site with state specific forms that you can use.

Here is the link for Rapid Law:

Best of luck with your family.
Customer: replied 5 years ago.
Relist: Answer quality.
I was told to hire a lawyer
Expert:  Ellen replied 5 years ago.
You were given the law and the forms. If something has not been answered please let me know and I will clarify

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