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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband would like to adopt my 10 yo, who hasn't ever had

Customer Question

My husband would like to adopt my 10 yo, who hasn't ever had a relationship with his biological father, and had call my husband dad since he was 3 yo. My son hasn't seen or spoken to his bio dad in 6 years. His bio dad does pay court ordered child support, but only to keep himself out of trouble. How possible is it to have his parental rights terminated and my husband adopt my son?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Maryland
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Customer: replied 1 year ago.
Ok great
Expert:  Roger replied 1 year ago.

If you believe that the biological father will agree to have his parental rights terminated, then this can be a simple process. Basically, all you'd have to do is file a petition for adoption and for his rights to be terminated.....and then have the biological father join in the petition.....and the court will subsequently enter an order granting the requested relief.

But, if the biological father refuses to give up his parental rights, you would generally have to prove that he has abandoned the child by failing to maintain a relationship with the child/not seeing the child for at least 1 year.

Expert:  Roger replied 1 year ago.

Here's a good link that outlines grounds for terminating parental rights: https://www.childwelfare.gov/pubPDFs/groundtermin.pdf#page=2&view=Grounds%20for%20Termination%20of%20Parental%20Rights

But, the main ground in a situation like this will be that the father has simply abandoned the child.

Customer: replied 1 year ago.
I doubt he would agree to sign over rights. He is an immigrant and I think is using my son as a way to stay here. But, he hasn't seen or talked to him in 6 years. Can I still get home for abandoning my son even though he does pay court ordered child support?
Expert:  Roger replied 1 year ago.

Yes, you can claim he's abandoned the child (no physical contact or communication) even though he's paying child support.

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Expert:  Roger replied 1 year ago.

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!