Adoption by Stepfather and Termination of Parental Rights

[WJackson]

Is it possible to file both of the above yourself, without an attorney? My ex-wife is remarried and her new husband wants to adopt our son. I understand I must first terminate my parental rights, and I am in agreement with this, as it is in the best interest of our son. I am rarely able to see him since I am in the military and have not been able to establish any relationship to speak of. He is 8 yrs old and lives with his mother and stepfather in Wisconsin. I am currently stationed at Ft. Hood. My ex-wife tells me the attorney told them it would cost $2500 to do this.

Since I am in agreement, isn't it possible to simply file the necessary adoption papers and consent for termination of parental rights ourselves? Doesn't the court basically "take it from there"?

Thanks for any input on this. $2500 is just not within either of our ranges right now and it really needs to get accomplished for his sake, so he will feel a part of their new family unit.

 

[Michael Wechsler]

Is it possible to file both of the above yourself, without an attorney? My ex-wife is remarried and her new husband wants to adopt our son. I understand I must first terminate my parental rights, and I am in agreement with this, as it is in the best interest of our son. I am rarely able to see him since I am in the military and have not been able to establish any relationship to speak of. He is 8 yrs old and lives with his mother and stepfather in Wisconsin. I am currently stationed at Ft. Hood. My ex-wife tells me the attorney told them it would cost $2500 to do this.

Since I am in agreement, isn't it possible to simply file the necessary adoption papers and consent for termination of parental rights ourselves? Doesn't the court basically "take it from there"?

Thanks for any input on this. $2500 is just not within either of our ranges right now and it really needs to get accomplished for his sake, so he will feel a part of their new family unit.

My understanding is that you do not need an attorney to accomplish most tasks (in some instances such as dealing with corporations an attorney might be necessary) because doing so would be contrary to our freedoms. However, in many instances especially when there are sensitive issues and where there may be oppositions and/or resistance, it is advisable to use an attorney. Is there a reason they "need" an attorney to accomplish the adoption and that it cannot be done pro-se? In many instances you can purchase the forms necessary to do so and here there doesn't seem to be any opposition and all are in favor. Did you ask them the need to use the attorney?

 

[Duranie]

An adoption is not a do it yourself project. Since you are im agreement shop around to other attorney's, see if another would be willing to handle it for less.

If anything is filed wrong, the adoption can be overturned and be ruled invalid.

The reason it costs is because a judge is likely going to order a home study. This is handled just like a regular adoption and a judge is not going to approve it unless he/she knows the child is in a good home and it is in their best interest.

good luck