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Can my current husband adopt my son?

Discussion in 'Adoption' started by hs0405, Jun 20, 2013.

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  1. hs0405

    hs0405 Law Topic Starter New Member

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    I divorced my ex in 2005. I got custody of my son who is now 9 and his visitation rights were removed due to a protection order until further action from the court. My ex has not gone back to court for visitation rights and hasn't contacted us for over a year except for two messages on Facebook that make no sense. He has my phone number, address, and Facebook account info so he could have easily contacted me. For 6 years prior to this year of no contact, he saw my son twice a year on xmas and my sons b-day with no contact between those times. I'm moving in a year to a city 1 1/2 hrs from my ex and I don't want him to know where I'm going. He was abusive with me and recently my son told me about a memory he has of my ex abusing him when he was much smaller. I would like to have my husband of four years to adopt my son but am afraid my ex will give me trouble. He doesn't pay his child support as far as I know (I receive assistance from the state so I think any child support would go to them), but my son gets a tiny amount of money from my ex's disability. My ex has mental health issues he once told me he wasn't getting treatment for. He didn't do a domestic violence assessment that he had to do years ago for children's services.
     
  2. Proserpina

    Proserpina Moderator

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    You must follow your state's law regarding relocation.
     
  3. hs0405

    hs0405 Law Topic Starter New Member

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    That didn't answer my question at all. I asked:

    Can my current husband adopt my son?
     
  4. army judge

    army judge Super Moderator

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    An adoption is ultimately decided in a courtroom, not on an Internet forum.

    I suggest you HIRE a lawyer to assist you with any adoption.

    An adult CAN adopt a child. It isn't easy, quick, or cheap. Adoptions do happen, but if one birth parent puts up a hissy fit that usually inhibits or prohibits the end game.

    All adoptions require the parental units to be noticed, served, and involved in the process. Well, attempts must be made at the aforementioned.

    Proserpina answered your question her way. We require everyone to treat others civilly. Please don't be rude.
     
    Last edited: Jun 21, 2013
  5. Proserpina

    Proserpina Moderator

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    The point I'm trying to make is that if you attempt to effectively "hide" the child, not only can you completely scupper any chance of a stepparent adoption but you can also risk losing custody.

    I'm sure that's not what you want.

    (Thanks, AJ)
     

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