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My fianc has a 2 1/2 year old son. The mother lives in a

My fiancé has a 2...
My fiancé has a 2 1/2 year old son. The "mother" lives in a different state, never calls, never visits, never sends cards......she has been gone for 1 1/2 years. she has sent no money because she has no car, no home and works 2 nights a week. we are still in the process of filing for child support. My fiancé has full physical custody and half legal. once married i would like to adopt the child and i heard that she would have to relinquish her Parental Rights. How would she go about doing that? Can we file the paper work or dose she have to? Also, I was told that would mean she would not be responsible for child support (which is fine). Is that true?
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Answered in 6 minutes by:
3/1/2010
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
Verified

If she will voluntarily reliquish her parental rights then adoptiion once you are married should not be a problem. However you need to be aware that in case it does not work out you could be responsible for child support for the next 15 years. I have seen it happen so you may want to wait a year or two after marriage to make such a decision.

 

It is extremely difficult to do an adoption by yourself so you will need to retain an attorney, especially since she is out of state. Here is the referral site.

 

http://www.martindale.com

 

You would have to file the paperwork and once the adoption is complete she would not be responsible for child support. Good luck to you in your marriage and thanks for using JA.

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Customer reply replied 7 years ago
Can she give up her parental rights without me adopting right away? Will we need to file through the court, requesting she give up her rights, or will we have to convince her that she should give up her rights.
It is unlikely that a court would approve a termination of her parental rights without an adoption. You can check with a local attorney that knows what to expect from the local judges.

An accept for my time is always appreciated.
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Customer reply replied 7 years ago

This is my last question and then i will accept. So even if she is willing to give up her rights and the father will let her...they may still not grant that without an adoption?

 

With an adoption...is it possible to get her parental rights taken away if she is not willing to do it voluntarily. Thank you for your time.

With an adoption...is it possible to get her parental rights taken away if she is not willing to do it voluntarily

Yes based on abandonment

they may still not grant that without an adoption?

Courts do not like to make a child "motherless". I cannot predict what an individual judge will do, wish I could.
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
Experience: Practicing family law attorney
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lwpat
lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25,387
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