Stepfather wants to adopt, bio-father no where to be found.

[mrsjgraham]

I have a 10 years old son. My ex-husband is the bio-father, but has not been in contact since our divorce (my son was about 1 year old). With the divorce I was granted the sole custody of my son. 1 1/2 years later, my husband came into our life. He has been a wonderful father to my son. My son thinks that my husband is his dad. Ever since he can talk, he has been using my husband's last name (calling himself Baby Graham). Though we have try to explaine that he has another dad, he doesn't seem to care. My husband wants to have my son's last name changed to his legally.
We've recently picked up the paperwork for stepfather adoption and getting ready to do it ourselve. My concern or question is that I know we have to get my ex's consent, and we have no idea where he is. It's been about 9 years! My son and I have never ask or receive any child support. And we have never heard from him. Is there a easier way to terminate his right as the father, so we can process with the adoption? Please help.

 

[Duranie]

This is not a do it yourself project. Have you seen an attorney? Bio dads rights need to be terminated but if he cannot be found, you will have to make an attempt to locate him. You also might be able to put an ad inthe paper. If he still cannot be found, then a judge might terminate rights by default.

If this is not done right, this can be overturned if the bio dad objects. You really should see an attorney to ensure this is done right.

 

[mrsjgraham]

Thank you for you reply. We have spoke to a few attorneys and the cost is high. I don't think the bio-father will object, for the simple fact that he has not try to reach us for 9 years. and the last time I spoke to him (9 yrs ago), he was at another state. He did even reply on our divorce. My attorney then had to put an ad in the paper as well.