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Old 05-15-2002, 05:25 PM
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Re: Stepchild adoption

Originally Posted By Bruce Brown

Today I just completed a step-parent adoption of my step-son. The court heard our two petitions, each which has to be filed separately with a separate filing fee. The first petition you file is a Petition to Terminate Parental Rights on the basis of Abandonment. In that document you describe the contact and non-contact the biological father has had with the children. You pay one filing fee for that one. The biological father is served a summons to appear at the hearing. If you don't know where he is you can ask to publish the notice in the newspaper and run it for three weeks. Then, at the same time, you and your husband file an adoption petition and pay another filing fee. Included in this adoption petition is an approval by you the mother for the adoption and a request by your husband to adopt. The adoption petition is pretty simple. The approval of the actual biological father is not needed when you prepare this form because you are filing this form assuming you'll win the first termination petition. (If you don't win the termination case, you're not going to get the adoption through.) Try to get the hearings scheduled back to back if the clerk will let you. Adoption clerks usually understand the need and desire for this. If the two motions are scheduled for the same day and if you loose the termination case, then the adoption case doesn't get heard. If you win the termination petition then the case moves on to the adoption part (They really seem to be all part of one hearing when you're there.) The whole process in court lasted us about 20 minutes, it was in private in the judges chambers, the biological father didn't show, so it was easy and a pleasant experience. I have the forms and I can get them to you if you desire. I used to practice law in California; but haven't since 1992, but the judge still complemented me on the filings, so I would hope they would work for you.

bbrown@cp-its.com
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