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#1
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My husband and I are in the middle of a step parent adoption. We have hired an attorney and are just waiting for a court date. We received papers from our lawyer that was directed to the court clerk to procced with a court date and that we only need about 30 minutes of the court's time and that the natural father was in default. What does this mean? The natural father was appointed a lawyer by the courts. Any help would be appreciated.
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#2
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Without knowing all the specifics I will gander to guess at a few things. With it saying the bio father is in 'default' it could mean he's fail to pursue anything else in court.
Did you file and the bio contest and that's why he had the attorney appointed? Did you go to court and he pull the "I don't have a lawyer, your honor" thing? My ex is notorious for that!! Was the bio told he had to do something within a period of time and hasn't? As far as the thirty minutes, that's about right as long as everything goes smoothly. |
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#3
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We haven't even been to court, but when the bio father was served his petition, then he had the right to get a court appointed lawyer. He is worthless and doesn't work so when he was told that he could get a lawyer without having to incure the cost like we have to, he jumped on it. The bio is trying to contest but I don't see how we can loose when he has already had two other children (from his ex wife) adopted by their step father. As far as him not doing something in a period of time, I'm not really sure of that. The whole ordeal is getting very frustrating, maybe the waiting game is what is bothering me the most. We filed our paper work back in March and are still waiting just to get our first court date and then with the bio father being an idiot and trying to fight this just to be a @#^%head. He has no care in the world for my daughter, he is just still trying to control me and my life. But anyway I do want to thank you for your input on this situation.
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#4
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Well, I'm still guessing here but being through it myself (without contesting.. that goodness) this is what I'm getting out of this.
Bio was contact about the petition and was told he had X amount of days to contest and he could get an attorney appointed to him. Now, in order to contest he still would have had to actually file something. So, again guessing I'm saying he got the letter, got the lawyer and dropped the ball. The fact that he's in 'default' says this. Did you have to do a home study? That is what held mine up a few months. Depending on the size of your county that could be why you haven't had a court date yet, what has your attorney said? It just sounds to me again that dad didn't do the required things to fight it and that's why they are only asking for 30 minutes for the hearing and it will all be over and finalized. |
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#5
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I just went through this same thing, and it sounds exactly like my experience. Your lawyer has prepared documents stating that the bio father did not file required paperwork before a set deadline (likely 30 days). The "30 minutes" is about the time it takes the judge to hear the information presented by your lawyer, ask you a couple of questions, and sign the paperwork. We just did that 2 weeks ago (my ex defaulted too - never bothered to file a response) and it was really simple. We never did have a court date other than that short meeting with the judge, which took place in his chambers. If you've gotten to this point, it's good news indeed.
Take heart - it sounds to me like your frustration is about at it's end. Look forward to your 30 minutes with the judge, and remember to take a camera! I forgot and I regret it. If your child is old enough, take them along. Then you can take pictures outside the courthouse, and some judges will even let you take a picture with them too. |
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#6
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Adoption Kit
Has anyone ever used an adoption kit that can be purchased on the internet to complete a stepparent adoption?
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