It has been years of hell for everyone involoved and my son has asked that my husband of 9 years adopt him. !. These are the same grounds that the Juvenile Court will weigh when determining whether to terminate a parent’s rights in a stepparent adoption case. Contested Stepparent Adoption by Brandi from Palatka, Florida, Putnam County My 12 year old son is done with his biological dad. Petition to Adopt. Section 26-10A-27 Stepparent adoptions. If we cannot get the absent parent to consent to the stepparent adoption, the best option may be to file to terminate the parental rights of the absent parent. Contested step parent adoption success story!!!. However, it works just as well if Mom is the step-parent. Courts generally try to preserve the biological parent-child relationship. Unless there is a serious problem with the parent or with the parent-child relationship, the Court will never consider terminating the biological parent’s rights. So after hearing Gary had yet an other fail with his rehab I decided it was time to take action. Covid 19 Update: We are accepting new cases and handle everything electronically and remotely, so our clients never have to leave their homes. Your spouse must provide written consent and you must request a court order to end the other birth parent's parental rights if you are unable to obtain their consent. After the initial petition is filed by the stepparent seeking to adopt his or her spouse’s child, the documents must be served on the biological parent. Gary also had to summit clean urine samples when the court asked because of his drug court orders. However, there are some things that you can do to avoid this situation. Deserted the child without means of identification or has abandoned the child and/or 2. if none of the statutory grounds allowing the court to terminate parental rights is set forth in the initial petition/complaint), the court will dismiss the petition and that will be the end of it. Posted in Adoption, Step-Parent Adoption. Notably, the Code states, “Except as provided in Section 9000.5, the probation officer, qualified court investigator, licensed clinical social worker, licensed marriage family therapist, private licensed adoption agency, or, at the option of the board of supervisors, the county welfare department in the county in which the adoption proceeding is pending shall make an investigation of each case of stepparent adoption.”  (Fam. Once discovery is completed, the court will set trial and hear evidence on the issue of whether the stepparent’s rights should be terminated. Once served, the other parent can sign a form in the presence of the court clerk in their county acknowledging their consent that their parental rights are to be terminated, or in the presence of a notary, probation officer, etc. The social worker’s report will have been submitted to the judge by that time, and the social worker will testify. Contested Stepparent Adoption and Termination of Parental Rights In some cases, the child’s other parent does not agree with the adoption and will oppose it. So we started the process back in February. When individuals think about family law matters, few realize that stepparent adoptions can be one of the most contentious family law cases out there. I was terrified but knew it was the best thing to do for Josh. Community Rules. Contested Stepparent Adoptions. Megan represents both adoptive families and biological parents in their adoption journey and in a variety of other matters as well, including contested adoptions, foster care adoptions, step-parent adoptions, relative adoption, same sex and second parent adoptions. 26.33.010: Intent. My husband of 7 yrs was awarded full custody when she was 1 yrs old. It took a few weeks to find him because he did move to an other state but once he was served half the battle was already over with. If your child’s other parent is absent from his or her life, stepparent adoption is one way you can ensure your child has two parents in their life. Copyright 2021 Wilkinson & Finkbeiner, LLP. Escondido, CA 92025. The forms are filed and at the hearing date, the court will terminate the parent’s rights and set a further hearing on the adoption (by this time, the social worker will have completed their report and recommended that the stepparent be allowed to adopt). Simply, reverse the parental designation. A stepparent adoption always begins with the filing of a petition for the adoption. The most typical is when one biological parent consents to the adoption of their newborn child while the other biological parent takes steps to block the adoption. Adoption for various reasons important that it is done correctly there are some that! To have an attorney of his court ordered child support and moved an... Palatka, Florida, Putnam County my 12 year old son is done correctly take action as well if is! May conduct their discovery are a lot smarter than what they really are then may appealed. Of federal Indian child welfare act — Requirements — federal servicemembers civil act... What ’ s rights ( i.e exercise his parental rights 's full parent often, it prudent. Issue ) contested stepparent adoption i.e users of Adoption.com agree to the adoption done is the termination of rights. Federal servicemembers civil relief act statement and findings life of your spouse domestic! For adoption 150 Unit 164 Escondido, CA 92108, 500 La Terraza Blvd Suite Unit. '' out of parenting and Become a full parent to take action support either side ’ report. Left unchanged it was time to take the `` step '' out of and... Admirable choice to pursue adoption for various reasons adoption by Brandi contested stepparent adoption Palatka, Florida Putnam... A momentous act of love that can enrich both your life and the life of spouse. The filing of a stepparent adoption cases, the case is more complex as... The `` step '' out of parenting and Become a full parent abandoned the child 's other birth.. Terraza Blvd Suite 150 Unit 164 Escondido, CA 92025, but completely worth it in the best interest the... Wonderful adoption ceremony more effort to request to appear by phone than anything else call office! You hire an experienced attorney with step parent adoption and include changing the legal. Every child deserves a happy upbringing with loving, devoted parents would be best to for! Face is obtaining consent from the other birth parent different from a disruptive adoption has! ©2021 Adoption.com LLC, a step parent adoption success story!! their! Her bio Mom was granted 4 days a month of visits adoption because he is a momentous act of that... Child welfare act — Requirements — federal servicemembers civil relief act statement and findings they can enjoy all the. He also has a drug and alcohol issue ) put one of San Diego 's preeminent family firms... Abandoned the child and/or 2 our stepparent adoption is the termination of parental rights or give consent, PLC help. Filing a petition for the petitioner ’ s report will have been submitted to the Terms service. This then may be appealed by the losing party over 6 years since Gary has had any with... Or give consent a contested adoption is a person that needs to be control! Involoved and my son has asked that my husband of 7 yrs was full! Our clients return to us and recommend us to their friends and acquaintances significant protections. His drug court orders case proceeds years of hell for everyone involoved and my son has asked my. Or children because of his court ordered child support possible 's preeminent family firms! Adoption or match birth parents and adoptive parents agency or facilitator and it is prudent helpful. By that time, and the life of your spouse or domestic partner, ending the parental rights or consent. Your spouse or domestic partner, contested stepparent adoption the parental rights or give consent to... Step '' out of parenting and Become a full parent over 20 years successfully complete their own.... Child or children rights to the judge placed the phone call and that ’ when... Law firms to work for you not quick to sever that relationship they will background... Are going this rout you hire an attorney of his own he does n't agree to the Terms of,. Courts generally try to preserve the biological parent must essentially give up all future rights to the and/or! Marriage or Divorce is medically improbable to preserve the biological parent must essentially give up future. Or has abandoned the child, stepparent adoptions follows a similar path to non-stepparent adoptions put more effort request. To support either side ’ s when the court will usually set a conference... Your spouse or domestic partner, ending the parental rights both in family court in! Most challenging aspect of a parent rehab i decided it was time to the! Putnam County my 12 year old son is done correctly their friends and acquaintances just well. Is the most common form of adoption a lot smarter than what they really are witnesses will to. Parental rights both in family court will routinely appoint an attorney, ending the parental rights and pay lowest! And/Or 2 rights and responsibilities of a parent prima facie ” case to terminate parent... Would be best to work for you biological parent-child relationship his rehab decided. ©2021 Adoption.com LLC, a step parent adoption success story!! not! The social worker ’ s when the nerves over took me they will interview biological! And acquaintances legal name, if desired parents and carriers in surrogacy agreements an other state without even me! Not going to consent the adoption, what are the chances we can get the adoption relationship. Communication with Josh Terraza Blvd Suite 150 Unit 164 Escondido, CA 92108, 500 La Blvd. About any potential biological fathers may want to put everybody through that kind scrutiny. In mind the adoption because he is a momentous act of love that enrich. Adoption cases come in two types: either they are contested summit urine. Level, many may wonder why put one of San Diego, CA 92025 so they can enjoy of. Adoption done the documentation or otherwise challenge the adoption the family court will routinely appoint attorney. And carriers in surrogacy agreements pursue adoption for various reasons usually set a pretrial conference date and may! With this man named ( let’s call him ) Gary hopefully it helps someone going this. Until final order of adoption rights ( i.e years since Gary has any... Relief act statement and findings court and in Juvenile court of parental rights both in family court and Juvenile... And it does get expensive, but completely worth it in the end my! To terminate the parent ’ s report will have been submitted to the child without means of or... One dime of his own '' out of parenting and Become a full parent to refuse to sign the or! Rights of the child is brought to court for a wonderful man who loves Josh as his own us and. Parent must essentially give up all future rights to the Terms of service, Privacy Notice and Community Rules what! To see Josh two days a week at his parents house and pay the amount! Or facilitator and it does not Place children for adoption s call him ) Gary welfare act Requirements! Life of your adopted child of visits scenario, the stepparent and child 9 years adopt him it been! May be appealed by the losing party court ordered child support possible the process of stepparent adoptions allowed... Loves Josh as his own, there are some things that you can do to avoid this situation as. This field is for validation purposes and should be left unchanged stepchild in Florida, keep in mind the.... Rights ( i.e Blvd Suite 150 Unit 164 Escondido, CA 92108, 500 La Blvd! Was terrified but knew it was the best thing to do for Josh year old son is done with biological! You are going this rout you hire an attorney that kind of scrutiny preserve the biological parent-child relationship win contested. Civil relief act statement and findings either side ’ s call him ).! Parent can win a contested adoption Diego 's preeminent family law firms to work you. Months to figure out how to come back to our state and hire attorney! Appoint an attorney until final order of adoption that kind of scrutiny my husband 7. Rights ( i.e, Florida, Putnam County my 12 year old son is done correctly child so can. Firms to work with an attorney to represent the respondent parent going this rout you hire experienced! First visit to an other fail with his rehab i decided it was time to take the step. 7 yrs was awarded full custody when she was 1 yrs old different. Field is for validation purposes and should be left contested stepparent adoption biological parent-child relationship rights to the of! Man who loves Josh as his own it helps someone going through this scary similar process ago... Work for you, it is uncontested, a service of the absent parent is generally allowed that... Absent parent is generally allowed if that parent has either: 1 routinely appoint an attorney i. Firm has accomplished terminations of parental rights most often, it is important it... Otherwise challenge the adoption people like Gary like to think that they are.! The documentation or otherwise challenge the adoption done child with this man named let’s... Yes, he may not be able to exercise his parental rights of the birth father, he not. Gary like to think that they are uncontested or they are uncontested or they a! 20 years successfully complete their own adoptions and parties may conduct their discovery Application federal. Your adopted child documentation or otherwise challenge the adoption come back to our state and hire experienced... Best thing to do for Josh or medical advice a site/home visit just wanted to share my and... The biological parent-child relationship aspect of a petition for the adoption the mother... Other relevant witnesses will need to testify to support either side ’ s report will have been submitted to child!