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  #1  
Old 10-08-2003, 08:32 AM
sunrisesmile sunrisesmile is offline
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Question step children adoption

Hello all,

Just wondering if anyone could help me out with Missouri laws regarding step children adoption. It may be an issue in my near future. I'd like to have some base to start from when I take the first step.

Thanks a lot.
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  #2  
Old 10-08-2003, 11:12 AM
kadas33 kadas33 is offline
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My husband just recently adopted my daughter. I can give you the information on the process that we went through. We were married in October last year and went to see an attorney less than one month after our marriage. My daughter is now 7 and her birthfather has not ever had contact with her or paid any support. The birthfather had not been confirmed by DNA. It's a long story but the abbreviated version is this. The state tried to take him to court for support since I was on welfare. I begged and pleaded for them to drop the case because I feared for my safety. He had requested a DNA test but hadn't shown up and neither did we. Although the case was dropped the judge apparently entered a default judgement naming him the father. I wasn't notified of this and her birth certificate wasn't ever change. It only had my name on it. Our attorney had the birthfather served but he didn't respond to it. We had 3 different court dates, but he didn't show up for any of them. (We had 3 dates because of technicalities that had to be fixed before the judge would see us, otherwise it would have only been one date). The court appointed a guardian ad litem for my daughter. We had to meet with her and she interviewed me and my husband. She was supposed to interview my daughter, but we ran out of time. The GAL also ran background checks on all of the family members that live in our house. When we finally got to see the judge, it was a very informal court setting. Our lawyer asked my husband some questions and then asked me some questions. The GAL had the chance to cross-examine both of us, but she chose not to. The judge then asked the GAL for her recommendation and then entered a judgement. Our attorney costs about $1200 for the whole process. The filing fee in MO is $345 (I think). I hope this answers some of your questions.
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  #3  
Old 10-15-2003, 08:39 PM
devotedmom devotedmom is offline
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My husband and I just filed for him to adopt my son. Before filing, we had to determine whether or not we would be able to get consent from his father. We were lucky, my lawyer filled out the form for us, we mailed it to him with instructions on how to have it notarized and he returned it within a week. If your child's bio parent is willing to give up parental rights and consent to the adoption then your path is a much smoother one. If not, you will have to petition the court to terminate parental rights. Depending on your situation, this may or may not be easy. Is there any contact with the bio? or child support from the bio? If we would have petitioned to terminate rights total cost would have ran around $1600. Since he signed the papers, cost was $1100. That included a guardian ad litem. Since it's a step-parent adoption, we requested the court wave the in-home study and they granted that request. We still have to meet with the guardian ad litem, in our home. She wants to talk to my husband, make sure he knows what he's getting himself in to (her words, I swear!) and talk to my son. Since he's 14 he also had to sign a consent form for the adoption. We have to get 5 letters of recommendation from family/friends and the guardian ad litem will run a background check on my husband. I was told to expect a month for her to complete her report and then we can petition for a court date. If you have an attorney you like, I suggest calling them. Most attorneys will allow a consultation visit without charging (at least in my experience). If you don't have an attorney, ask family/friends and then make appointments to visit with several of them and then choose the one you like best. I've always used gut-instinct, but there are online sites that rate attorneys, provide education information, years in practice, areas of expertise, etc.
I hope this helps. Good luck to you!
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Old 01-09-2004, 09:18 AM
rsefahlberg rsefahlberg is offline
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cancel child support enforcement

Married for 3 1/2 yrs and husband wants to adopt our 6 year old daughter. the bio-father hasn't contacted her in 3 years but will not relinquish rights. He pays less than required of him by the courts (only because of automatic drafts) and is over $5k in arrears. I am trying to find a way to show that he neglects my daughter so she can be adopted.

So my first step is to tell Child Support Enforcement to stop requiring him to pay. Send the bio-dad a letter to tell him to send his child support directly to me. I know he will not do that for pride reasons. That would prove that he doesn't pay child support.

when i try to go to court for adoption does anyone think the court would be against me for cancelling the child support enforcement order?
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Old 01-09-2004, 06:41 PM
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Searching_03256 Searching_03256 is offline
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Quote:
Originally posted by devotedmom
My husband and I just filed for him to adopt my son. Before filing, we had to determine whether or not we would be able to get consent from his father.



Obviously the laws vary from state to state but this is not always the best advice! You should talk to your lawyer about it, but in many states the time frame for abandonment, be it 6 months, one year, or ??? starts at the time you file and goes backward. If you contact them to ask and that triggers their involvment in some way you have just lost your chance at abandonment, maybe forever.

This is one of many examples where having an attorney knowledgable about your states adoption laws and talking to them BEFORE you do ANYTHING can make a VERY big difference.

I am so glad it worked out for you Devotedmom! I would hate to have a bad result for someone else by following the well meaning advice here on these forums.

-Scott
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