How long does step parent adoption take?

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Latest post 02-09-2012 2:55 PM by DPH. 12 replies.
  • 02-09-2012 11:11 AM

    • HNPsMomma
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    How long does step parent adoption take?

    We started the process back in Sept (on our own) but due to some errors in our petition we had to resubmit the paperwork. Finally we were told that we'd need to submit for an order of publication because I dont know where my daughter's "sperm donor" is. The paper work has been submitted and now we are in the 4 week waiting period waiting for the publication to run. Does anyone know how long after the 4 week running time of the publication it would take to hear about when or if we will even have a court date? I HIGHLY doubt that it will be contested. The donor hasnt been around in 5 years (my child is 6) and hasnt tried to contact her.

  • 02-09-2012 11:38 AM In reply to

    • DPH
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    Re: How long does step parent adoption take?

    Are you the biological mother? 

    You use the term "sperm donor".  By this do you mean the biological father or was the child conceived through artifical insemination?  Is your current husband trying to adopt the child? 

    HNPsMomma:
    Does anyone know how long after the 4 week running time of the publication it would take to hear about when or if we will even have a court date?

    I read somewhere, but can't find it now, that the father has 21 days to object but have no clue what actually happens if there is or isn't an objection.  I would be willing to bet the farm that you are going to have to go to court to finalize any and all of these actions.  If you are not 100% sure of what you are doing, it would be in everybody's best interests to consult with a local attorney familiar with the adoption process.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 02-09-2012 12:38 PM In reply to

    Re: How long does step parent adoption take?

    Generally, the publication includes the date of the hearing.   You are giving notice of the fact that there will be a hearing to terminate his rights.  Seems you should be consulting with a local attorney.

  • 02-09-2012 1:43 PM In reply to

    • HNPsMomma
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    Re: How long does step parent adoption take?

    Yes I am the biological mother

    "sperm donor" is the boy who got me pregnant. I dont refer to him as father or biological father because he's not worth of that title.

    Yes, my husband is the person wanting to adopt our daughter.

    I've processed the required paper work for the adoption so that isnt even a concern, I was just curious as to how long AFTER the publication ran would the next step take place.

     I also emailed a clerk within the court, and the date on the publication is NOT the date of our hearing. It is simply a date that the "donor" needs to respond by.

     

     

  • 02-09-2012 1:52 PM In reply to

    • DPH
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    Re: How long does step parent adoption take?

    HNPsMomma:
    "sperm donor" is the boy who got me pregnant. I dont refer to him as father or biological father because he's not worth of that title.

    All drama aside, legally he is the father and if your husband wants to adopt than the bio-father has to consent or a judge is going to have to rule that his rights have been terminated due to whatever legal reason applies.

    HNPsMomma:
    I was just curious as to how long AFTER the publication ran would the next step take place.

    Have you asked the clerk?  If they don't know, you are going to have to ask someone for help and the most qualified person that you could ask would be an attorney familiar with the law regarding adoption.  That person will know the answer.  Have you searched the Internet for this info?

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 02-09-2012 1:57 PM In reply to

    • HNPsMomma
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    Re: How long does step parent adoption take?

    DPH:

    All drama aside, legally he is the father and if your husband wants to adopt than the bio-father has to consent or a judge is going to have to rule that his rights have been terminated due to whatever legal reason applies.

    Im aware of that.

    DPH:

    Have you asked the clerk?  If they don't know, you are going to have to ask someone for help and the most qualified person that you could ask would be an attorney familiar with the law regarding adoption.  That person will know the answer.  Have you searched the Internet for this info?

     

    I have asked the clerk, but she seems to have overlooked that part of my email. I hate being on her because we've already had to exchange several emails due to error on the courts part. I have searched plenty to try to find the answer, but nothing really shows up. Ive come to the conclusion that I will just have to wait it out just like I have done with the whole process to begin with.

  • 02-09-2012 1:58 PM In reply to

    • Drew
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    Re: How long does step parent adoption take?

    Drama aside --was the donor determined by DNA via court or some other  formal step to be "father?"

    If donor has run up a big  past CS due-- he doesn't get off the hook merely to adopt out his child ?

    This is not like selling one of my goldfish.



  • 02-09-2012 2:02 PM In reply to

    • HNPsMomma
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    Re: How long does step parent adoption take?

    Drew:

    Drama aside --was the donor determined by DNA via court or some other  formal step to be "father?"

    No, he is on the birth certificate and that is all.

    As for child support, because of a domestic abuse situation that occured he was ordered to pay child support for a year. He stopped paying 2 months in and never finished. This took place in a different state. I'm unsure of his whereabouts since after a year he never kept in touch with me.

     

  • 02-09-2012 2:27 PM In reply to

    • Drew
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    Re: How long does step parent adoption take?

    Very rare that ones duty to pay child support ends after one year --rare for society to allow Dad to just walk out on his duty to pay.   Perhaps an interim rate for 1 year--but its likely that said rate stays in effect until modified by court.

    And failure to pay as ordered invites getting a contempt citation?

    This guy probably does not want to be found?



  • 02-09-2012 2:33 PM In reply to

    • HNPsMomma
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    Re: How long does step parent adoption take?

    Drew:

    Very rare that ones duty to pay child support ends after one year --rare for society to allow Dad to just walk out on his duty to pay.   Perhaps an interim rate for 1 year--but its likely that said rate stays in effect until modified by court.

     

    When our case was said and done it only stated for a year. That year came and went. If any has happened to him for failure to pay his child support, I do not know nor do I care. I am ok with him not wanting to be found. My daughter doesnt even know who he is. My husband is all she knows

  • 02-09-2012 2:35 PM In reply to

    • DPH
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    Re: How long does step parent adoption take?

    HNPsMomma:
    I have asked the clerk, but she seems to have overlooked that part of my email

    It is possible that the clerk is not allowed to provide this type of information, even if they knew the answer.

    HNPsMomma:
    Ive come to the conclusion that I will just have to wait it out just like I have done with the whole process to begin with.

    I have one comment.  I do not believe that adoption, under any circumstances, is a DIY project.  If you don't know how to properly dot all i's and cross all the t's, you leave yourself open to bio-dad showing up somewhere down the line and contesting the adoption.  If you have been doing this yourself, and it sounds like that's the case, you need to have what you are doing reviewed by an attorney to make sure that you are on the right track.  Yes, it will cost you some money.  If you get it wrong and bio-dad shows up in the future it likely will cost you more money.

    I wish you luck, but sometimes you need to make your own luck.

      

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 02-09-2012 2:44 PM In reply to

    • HNPsMomma
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    Re: How long does step parent adoption take?

    DPH:
    bio-dad showing up somewhere down the line and contesting the adoption

    What could be missed that would allow him to come back and contest the adoption?

  • 02-09-2012 2:55 PM In reply to

    • DPH
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    Re: How long does step parent adoption take?

    HNPsMomma:
    What could be missed that would allow him to come back and contest the adoption?

    Unfortunately I am not an attorney so I don't know the answer to that question.  Rest assured that if bio-dad were to resurface and wanted to cause trouble, he could.  Probably the simplest thing that could be done would be for his lawyer (yeah, he hired a high powered one) to file a suit that states that you didn't follow rule XX.yy.3(a) and as such the adoption was granted in error. 

    Now, that's not to say he and his lawyer would prevail, but it could cost you untold $$ to defend the original adoption. 

    I guess I'm playing "devil's advocate" here, but I would rather get it right the first time.  If you can afford it, please consider consulting with an attorney.  Maybe pay for a review of what you have already done  and perhaps advice to cover what you might have missed.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

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