Perhaps you and your wife just married a few years ago, and during that time you have grown extremely close to her children. So much so, that they even call you their dad now. Their father isn't in the picture much, and though he isn't abusive he is hardly a father figure to the kids; it's been at least a year since he has come to visit. Because of this, you want to not just call them your own, but make it legally official; so that in the event that something happens to you they are able to receive whatever is in your name as your own children.

Wanting to adopt your stepchildren, though an admirable thing, is a lengthy process; which is why hiring a skilled family attorney in your area is absolutely crucial. While the course will not be as difficult as it would be in a regular adoption case with a long waiting period, home study or even a hearing. The biggest hiccup in a stepparent adoption case is usually getting the consent of the biological parent.

Parental consent for a stepparent adoption is a necessary part of the adoption process, and essentially if the birth parent will not sign off for the adoption it cannot go through. If this is the case, you and your spouse would need to in some way prove to the court that the birth parent is not fit to raise a child for either abandonment, failure to financially support the child or otherwise unfit to be a parent. Why is it so hard to get consent from the parent, then? Because once a parent gives consent for adoption of a stepparent, they are saying that they will forgo any rights that they might have as a parent in the child's life. Children can only have two parents, so if as the stepparent you want to be called the legal father (or mother, both cases are the same),you will have to have the parent agree to set aside their rights.

In some cases; however, a biological parent may realize that they are either unable or unwilling to raise the child and they will choose to consent for the sake of the child or because they want to be relieved of the pressures against them legally for child support, etc. Being able to end child support payments is a helpful point to discuss to those who are on the edge of consenting or not.

In the event that you are convinced it is in the best interest of the child to adopt them and the birth parent either refuses consent or is unable to be located there are a few options that you can discuss with your attorney. First, you can prove that the parent has abandoned the child because of their absence. If the parent has not acted like one in any way to their children, you may be able to fight claiming that they have forgone their rights as parents due to their lack of involvement. Depending on the state, if the parent has been out of contact for a year or longer you may have a case.

The second option is that you try to prove that the biological parent, in the example the father, is not a presumed father. This means that rather trying to say they abandoned their kid, trying to prove that they are not actually the birth parent because the woman may have had a relation prior to the marriage. As stated, this process can be complicating and every case is very unique. Please use our website to help you locate a trusted family attorney in your area to discuss your case!