Step Parent Adoption

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simpsongirl101

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I live in Florida .My husband wants to adopt my 7 year old soon.I was never married to my sons biological father.My sons bio father has been in jail for 6years out of the 7 years of my sons life for 1 felony and was convected of a sexually offense.My sons bio father is now out of jail and is a registered sex offender in the state of Florida.My husband and I got married when my son was 2 years old and he is the only father my son has ever known.My sons bio father has made it crystal clear he will not consent to a Step Parent Adoption.Also my sons bio father has never supported my son nor made any attempts to contact nor see my son in over 5 years.I have heard that this is called an absent parent and that I may not even need my sons bio fathers consent to go through with a Step Parent Adoption...Is this true?

I have spoken with 3 lawyers in my area and had mixed answers to my questions and concerns.See I do not at all feel safe letting my sons bio father be a part of his life due to the fact he is 26 has a felony and is a registered sex offender.I a terrified that my sons bio father will fight me in court even if I do not need his consent to go through with the Step Parent Adoption.Can he do this?
Plus the lawyers I have spoken with also say that sense I was made by the state to file Child Support or I would lose my medical insurance that the Step Parent Adoption now cannot be done.Is this True?
My husband and I just want to do what is best for my son .My son does not understand why he does not have Daddy's last name and wants Mommy to change it.I have tried to get my sons bio father to understand that by him consenting to the Step Parent Adoption that he would never have to pay Child Support nor have the other resposiblities of being a parent and most importantly that my son whats to feel like he is part of a family not singled out because he has a different last name.My sons father refuses still to consent and even went as far as going through one of my husband and my old friends to get our phone# and address.This horrifies me and makes me scared since my sons bio father said to me during many fights why we were together that he would take my son and run out of state if I ever left him and I would never see my son again.Is there anything my husband and I could do?

Must we hire a lawyer ?
I am a smart information hungry woman and if there is any way I could do this without paying $5000.00 dollars(Which is the minum I was told we would pay if everything went the way we would like) I would love to do it myself.Is there a way that I can do this myself?

Also what all is looked at by the court when a Step Parent wants to Adopt their spouses child?
Like for example we live with my parents and I am a stay at home mom ,My husband just got laid off from work.Is money going to be a big or even moderate factor in all of this?
Do they normally put a child on the stand to ask them questions in a courtroom full of people? Because my son is rather shy around strangers.
Will my sons bio father be notified if I do not end up having to have his consent to go through with the Step Parent Adoption if we go to court?
If so will they allow him into the proceedings?
Help please .
I know my questions are complexed and complicated but for my sons sake and my husbands and my sanity I hope to resolve this very quickly. Thank you for your time in this matter!!!!
 
I live in Florida .My husband wants to adopt my 7 year old soon.I was never married to my sons biological father.My sons bio father has been in jail for 6years out of the 7 years of my sons life for 1 felony and was convected of a sexually offense.My sons bio father is now out of jail and is a registered sex offender in the state of Florida.My husband and I got married when my son was 2 years old and he is the only father my son has ever known.My sons bio father has made it crystal clear he will not consent to a Step Parent Adoption.Also my sons bio father has never supported my son nor made any attempts to contact nor see my son in over 5 years.I have heard that this is called an absent parent and that I may not even need my sons bio fathers consent to go through with a Step Parent Adoption...Is this true?
I think you would be hard-pressed to prove 'absent parent' if the father was in jail!
I have spoken with 3 lawyers in my area and had mixed answers to my questions and concerns.See I do not at all feel safe letting my sons bio father be a part of his life due to the fact he is 26 has a felony and is a registered sex offender.I a terrified that my sons bio father will fight me in court even if I do not need his consent to go through with the Step Parent Adoption.Can he do this?
Yes
Plus the lawyers I have spoken with also say that sense I was made by the state to file Child Support or I would lose my medical insurance that the Step Parent Adoption now cannot be done.Is this True?
Yes
My husband and I just want to do what is best for my son .My son does not understand why he does not have Daddy's last name and wants Mommy to change it.I have tried to get my sons bio father to understand that by him consenting to the Step Parent Adoption that he would never have to pay Child Support nor have the other resposiblities of being a parent and most importantly that my son whats to feel like he is part of a family not singled out because he has a different last name.My sons father refuses still to consent and even went as far as going through one of my husband and my old friends to get our phone# and address.This horrifies me and makes me scared since my sons bio father said to me during many fights why we were together that he would take my son and run out of state if I ever left him and I would never see my son again.Is there anything my husband and I could do?

Must we hire a lawyer ?
Yes, but I provided links to legal aid in your other thread.
I am a smart information hungry woman and if there is any way I could do this without paying $5000.00 dollars(Which is the minum I was told we would pay if everything went the way we would like) I would love to do it myself.Is there a way that I can do this myself?

Also what all is looked at by the court when a Step Parent wants to Adopt their spouses child?
Like for example we live with my parents and I am a stay at home mom ,My husband just got laid off from work.Is money going to be a big or even moderate factor in all of this?
Do they normally put a child on the stand to ask them questions in a courtroom full of people? Because my son is rather shy around strangers.
No, if the judge wants to speak with your son, he will do it in chambers.
Will my sons bio father be notified if I do not end up having to have his consent to go through with the Step Parent Adoption if we go to court? If so will they allow him into the proceedings?
Yes and yes.
Help please .
I know my questions are complexed and complicated but for my sons sake and my husbands and my sanity I hope to resolve this very quickly. Thank you for your time in this matter!!!!
Please keep all your questions in one thread!
http://www.thelaw.com/forums/showthread.php?t=22887
http://www.thelaw.com/forums/showthread.php?t=22851
 
Thank you so much.So I gather from what you said that since I hade to file for child support that now My husband and I cannot go through with the Step Parent Adoption.
But I wonder if we go the Step Parent Adoption Papers before the child support hearing and brought then to the child support hearing and showed them to the judge explaining that we would much rather do that than continue with child support than maybe he would consider it. would he?
I know it would still be up to my sons bio-father either way at that point .Right?
 
Yes, it would still be up to the father.

As for the judge, he may or may not. It's impossible to predict. Sorry.
 
Yeah , well I am still g to try.Like I said I will do anything to make my son feel less alienated but not having my husbands last name.Oh and sorry about my other posts I had to re-resiter due to some website technical issues.
If you can think of anything else I might be able to do please let me know.
Thanks so very much for you time!
 
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