[mycomet16]

I was never married to my 5 yr olds father and I now have a 10 month old with my husband now. My sons father owes over $12,000.00 in past due support. And he is currently homeless. He once again gave up visitation and lives in his car. I am not worried about the past support, I am worried about my sons future. I was 17 when I had my son. soon after I gave birth to my son, the NCP had another baby with some one else. He does not see that child she went up for adoption and he didnt even fight for her. He now has another child on the way and wants nothing to do with that child. I believe he only wants me to stay In MA. because he wants me to leave my husband. I believe he is trying to control my life with no concern for the child. He has stated to me before that it doesn't matter who I'm with I will always be his because he had me first. does that sound like hes trying to control me or am I being parranoid? My husband wants to adopt my son and move to ME so he could be closer to his family because he has no one else down here other then me and our kids. Is there any way around my husband adopting my son with out the ncp knowledge or concent?

[Eventually]

Originally posted by mycomet16
Is there any way around my husband adopting my son with out the ncp knowledge or concent?

The bio-father will most definitely have to be notified and then he will either have to give his consent (not likely from what you say) or the court will have to find a 'good' reason to terminate his rights. Unfortunately, not paying his CS and being homeless aren't what the courts will be looking for. When was the last time there was any contact between the child and the bio-father? Depending on when it was, you could try going for abandonment, but the bio-father would still need to be notified. Good luck.

[mycomet16]

I am in MA. I have been in a messy court battle since my son was born. My sons father left the state when my son was about 6 months old. when he came back to MA, we tried to make it work out for my son. It didn't. I have brought him to court and he had visitation on sundays between 12pm and 6pm. On one sunday he did not strap my son in his booster seat nor did he feed him while he my son. He had called me about 6:45pm and asked if he could keep my son till about 8pm. I wasn't able to take the call he left a message on my machine. I tried many times to contact him and he didn't answer is cell phone. So I called where he was living and no one there seen him all day. about 9pm came and my son was still not home about 9:30 I called the police. Fortunatly about 10pm is when my son finally made it safely home. He was unbuckled and starving. My sons father had no explaination of where he was nor what they did that day but drove around Springfield Holyoke area all day. I called my lawyer and he told me not to let him visit with my son any more for I would be putting my son in harms way. Now no where in any court papers does it state that I have to ask permission or can not move. I think it would be best if my son doesn't see his father any more because of the fact that his father is being neglectful and for the 10 hours that he had my son he didn't feed him. It is hurtful for me to say that because I do want my son to know his father but not if it is going to hurt my son. Please help me with any advice. My husband really wants to adopt my son and I feel that the only reason he doesn't want to give up hes rights is to keep me here. He has called me from jail and asked me to bail him out. He's 30 yrs old. I feel it is in the best intrest of my child not to know what his father does. When he does call he calls while his son is at school or in bed. He has no place to live now and lives in his car and has no job. What can I do I need to ensure my sons future so that he doesn't become a "thug".

[Eventually]

Does your lawyer do step-parent adoptions? If not, maybe he can refer you to someone who does. If he does do adoptions, ask him to see what he says. Having completed a step-parent adoption in MA, I can say that the courts there can be quite strict. I too tried to get out of notifying my ex-husband because I knew he would contest, but the court wouldn't allow it. It seemed like I had to jump through hoops, but now that I look back, it was all worth it. I used a lawyer and I wouldn't recommend a contested step-parent adoption without one.