How to proceed if my new husband wants to adopt my son an ex-husband wants to sign off his rights?

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How to proceed if my new husband wants to adopt my son an ex-husband wants to sign off his rights?

My ex-husband and I separated while I was pregnant with our son. He has never met him & has no desire to now that we are divorced. My husband now wants to adopt him (as this is the only father my son has ever known). My ex lives in one stae and we live in another. The ex is willing to sign off his rights, how can we accomplish this without him coming here (that he isn’t willing to do)? Also, should he change his mind and refuse to sign anything, how would we proceed in order for my husband to sign off his rights (I presently have sole legal and sole physical custody from the divorce).

Asked on August 1, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

How wonderful of your husband to want to do this.  given the situation you should speak with an attorney in your area.  Your ex can voluntarily terminate his rights and that can generally be done by affidavit.  But being that he will not come to your state I would have ana ttorney in his state prepare it and counsel him so that the affidavit so states.  You have to see if your state will accept the affidavit and in what form (i.e., what it should say).  If he must appear and he will not then you need to bring an action to terminate his parental rights.  If he fights that proceeding hit him in the pocketbook.  By that I mean if he has never paid child support request it back to birth.  I doubt that it will come to thins and the court is more agreeable to terminate rights of an absentee parent when some one else is there waiting in the wings, so to speak, to jump in their place. Good luck. 


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