how to adopt a stepchild without a lawyer

You do not need a lawyer to adopt your stepchild. Visit your local courthouse to acquire the required court forms and a list of requirements. Although you are not required to have an attorney to adopt your stepchild, hiring an attorney for any life-changing event is highly recommended.

Full Answer

Do I need an attorney to adopt a stepchild?

If you’re not certain that you’ll need an attorney, it’s usually possible to get a free legal consultation to consider your options. If you decide to forgo an attorney and do it yourself, be sure to check your state’s laws for requirements on stepchild adoption.

What is the legal status of a stepchild after an adoption?

Through this procedure, the biological child of one of the spouses becomes the legal child of the other spouse. After the adoption, there is no difference in the legal status between children of another marriage and the birth children of the marriage. The word "stepchild" disappears into irrelevance. Discuss this decision as a couple and a family.

Can I do a stepparent adoption without my spouse?

You can do a stepparent adoption if your spouse and the other parent are divorced or if they were never married. If the other parent who is not your spouse agrees to the adoption, the court process will be simpler.

How much does it cost to adopt a child without attorney?

You can try to handle the adoption without an attorney but adoption laws in this country are generally complex and if you do not follow the law of your state to the letter, you could run into problems. You are always better off hiring a lawyer. You should definitely retain an attorney and I would agree that the $2,500 is a reasonable estimate.

How to adopt a stepchild?

Filing a petition to adopt lets the court system know your intentions. You’ll need to contact your local family court or other court system that handles stepchild adoptions. You will want to verify with them if you can legally represent yourself (if you’re choosing that route) and where you can find the necessary stepchild adoption paperwork. The petition will usually include background information about you and your spouse. This is also the stage where you’ll complete and submit a criminal history background check.

How much does it cost to adopt a stepchild?

Still, with the combined cost of legal fees and attorney, be prepared to spend between $1,000 and $3,000, respectively.

What do you need to do before you can adopt a child?

Before you can proceed with the adoption, your stepchild’s parent (not your spouse, but the parent corresponding to your role) needs to sign a consent or waiver of rights. This will terminate any parental rights he or she has to the child.

Why is adoption important?

Adoption is often seen as providing stability for the child and can help them to feel safe and wanted in their home and family. In some cases, the adoption will sever links to a parent that is negative toward the child. This can give the child a certain feeling of freedom.

What is the role of a stepparent?

As a stepparent, you’ve become an important adult figure in your stepchild’s life. You provide for that person emotionally and physically. Not only that, but you’ve probably enjoyed many shared experiences together. Now, you might be considering adopting your stepchild. Here are 10 parts of the adoption process to keep in mind.

Can a stepparent and child be legally bound?

This can give the child a certain feeling of freedom. Legally binding a stepparent and child can also prevent separation in the case of the child’s birth parent passing away. It is also important to discuss the ramifications, both good and bad, with your child.

Do you have to be married to adopt a child in Alabama?

Some states, like Alabama, require the stepparent and parent to be married for a year before the stepparent can apply for adoption. Most states will not require a home study, which is a way to make sure that your home is a suitable environment for children.

Michael Alan Shorstein

No, you are not required to use a lawyer for a stepparent adoption. However, Florida adoption laws have changed almost every year with major changes occurring in 2008 and 2012.

Judy A. Goldstein

You can try to handle the adoption without an attorney but adoption laws in this country are generally complex and if you do not follow the law of your state to the letter, you could run into problems. You are always better off hiring a lawyer. More

Lawrence John Gibney Jr

You should definitely retain an attorney and I would agree that the $2,500 is a reasonable estimate. I would call two or three adoption attorneys and some attorney take payment plans and many law offices also accept credit cards. This type of case is one that you want to insure is done correctly. Best of luck to you.

What does it mean to adopt a stepchild?

Adopting your stepchild means you become the new legal parent – that entails all of the legal rights that come with parenthood. The advantage to adoption is immediately obvious, as it provides you with the legal rights to make decisions on the child’s behalf. Adopted children are considered equal with biological children, ...

How much does it cost to adopt a stepparent?

Adoption fees will also be needed and can vary from state to state. When all is said and done, adoption fees start at around $1500 without a lawyer. Courts do have a way of waving some of the fees for lower-income individuals.

What do you need to be an adoptive parent?

Being the adoptive parent you will have all rights to the child’s property and income. This means you will need documentation related to social security payments, trust funds, lawsuits, and deeds on tangible property and land. Much of the paperwork and documentation you are filling out will require a notary.

How long does it take to get a birth certificate for a child?

The entire process from start to finish can take an entire year or more . It may be a lengthy process, but your patience will surely pay off. Soon you will have the ability to call your stepchild legally your own!

What is required to go forward in a case of a deceased parent?

In the case that the biological parent is deceased, the only thing that is required to go forward is to have a death certificate of the parent.

How long does it take to get a court hearing for a stepparent adoption?

After you have submitted all the forms necessary, a court hearing will be assigned. This typically can be anywhere from a couple weeks to a few months depending on your location. In stepparent adoptions, this court hearing is often waived.

What happens if the biological father does not consent?

What if the biological father does not consent? This can wreck a potential adoption. In order to proceed, the biological father must be considered an unfit parent or have committed abandonment by the courts. Documentation of the child’s life for up to a year or more might be required to prove this.

How old do you have to be to adopt a stepparent?

Stepparent Adoption Contested by Biological Parent. Telling a Child Their Stepparent is Adopting Them. If the stepchild is over the age of 14 , they must give their consent to the adoption and must understand that adoption will mean that the other birth parent will no longer be a legal part of their life.

How old is a child when you divorce?

Until the child turns 18 years of age, there will still be periods of time when the child resides with you. No one wants to think about the possibility of divorce when things feel so right. Statistically, however, about half of all marriages end in divorce.

Can a parent be found unfit for a child?

States are required to take the parental rights of the biological parent very seriously and will only terminate their parental rights if the parent is proven to be unfit, is not the true biological parent, or has in essence abandoned the child. A parent can be found to be unfit for several reasons.

Is it important to adopt your stepchild?

It is important to remember than adopting your stepchild is a lifelong commitment. You may have a very good marriage now, but even good marriages can turn rocky. In the beginning of a new marriage, you are in love and over the moon with happiness.

Can a spouse of a child's parents adopt a child?

As implied, the spouse of one of the child’s parents adopts the child legally. This process, in turn, terminates the parental rights of the non-custodial, biological parent. A biological parent can contest this type of adoption, so you will want to be sure to obtain the biological parent’s permission to legally proceed with the adoption.

Can you adopt a stepchild if you are absent?

If the absent parent has abandoned the child, this requirement may be waived. Adopting a stepchild is not as extensive a process as other types of adoptions. Most of the time, both biological parents will need to give their permission for the stepparent to adopt this child. Reasons for not requiring the absent parent’s consent to ...

Does Trina Greenfield have an adoption agency?

About the Author:#N#Trina Greenfield is passionate about providing adoption information to those who wish to consider adopting a child. Trina does not run an adoption agency. Her website is strictly information-based, so she is able to provide unbiased, credible information that she hopes will help guide those on their adoption journey.

What happens if your stepchild's other parent doesn't agree to the adoption?

If your stepchild’s other parent agrees to the adoption, voluntary termination of his or her parental rights is part of the process. If your stepchild’s other parent doesn’t agree, there will be a hearing where the judge will decide whether to terminate the other parent’s parental rights.

How old do you have to be to adopt a stepchild?

If your stepchild is over 14 years old, he or she must also agree to the adoption. The child does this by signing a form called Consent to Adoption by Adoptee. It is included in the forms you get after using the Do-It-Yourself Stepparent Adoption tool.

What happens if your spouse doesn't agree to stepparent adoption?

If the other parent does not agree, it may be difficult to prove what the law requires in order for the judge to grant a stepparent adoption. Stepparent adoption is permanent.

What happens if a stepparent is married?

The parent who is married to the stepparent petitioner has either sole or joint legal custody according to a court order; The other parent has substantially failed to support the child financially for two or more years; The other parent has substantially failed to visit or contact the child for two or more years; and.

What is stepparent adoption?

Stepparent adoption is a court process that lets you adopt your spouse’s child after you have assumed a parenting role for the child. There is no set amount of time you must be the stepparent before adoption. You are the Petitioner in the case because you will file the forms asking for the adoption.

What happens if you don't agree to terminate parental rights?

If the other parent does not agree to have his or her parental rights terminated, there will be an evidentiary hearing. You will want to present evidence to show that termination of parental rights is warranted. If you get to this stage in the case, you may want to consider talking to a lawyer.

What is a certified copy of child support?

Certified copy of child support history from the county through which support should have been paid.

What is the most common form of adoption?

Adopting a stepchild is the most common form of adoption. A stepparent who adopts agrees to become the legal parent and be fully responsible for his or her spouse's child. After the stepparent adoption occurs, the noncustodial parent (the parent not living with the child) no longer has any rights or responsibilities for the child, including child support.

How long does it take to get a preliminary hearing?

How long it takes to get a hearing varies based on where you live and how busy the court is. It may be anywhere from a few weeks to a few months. You may be notified of the date by mail or by your lawyer.You and your child will probably be required to go to this hearing. A judge (or magistrate) will ask questions of everyone involved. In addition, if your child is old enough to be required to give consent in your State, the judge or magistrate may ask the child to confirm that he or she agrees to the adoption. Your lawyer can give you more information about what happens during hearings in your area. At the end of this hearing, the judge or magistrate will set a date for the adoption to be finalized. In stepparent adoptions, this preliminary hearing often is waived.

Do step parents need a lawyer for adoption?

Most States make the adoption process easier for stepparents. For example, your family may not need to be represented by a lawyer. You may not be required to have a home study, as parents in other types of adoption are. However, every State is different. For example, many States require a criminal background check even if a home study is not required. Be sure to find out what the laws are in your State. For an overview of home study requirements, see Home Study Requirements for Prospective Parents in Domestic Adoption.

Can publishing companies sell legal forms?

Many States allow certain publishing companies tostock and sell legal forms to the public for court procedures. In other States, they are available online. These forms will ask questions about you and the child you want to adopt. For example, they may ask:

What is the purpose of family law?

The aim of family law is to look out for the welfare of the child. Presented with evidence of abuse, most family court judges are more likely to side with the step-parent in matters of legal custody. Consider hiring a family law attorney to assist in proving abuse or abandonment. Other Options for Termination of Parental Rights.

What is a nontraditional family?

The term “nontraditional family” has become a bit of a misnomer in modern times. The prevalence of divorce and other societal changes have created a world where there truly is no easily defined normal family structure. What hasn’t changed is that strong bonds create strong families. To reinforce that strength, many stepparents choose ...

Can a stepparent sever a relationship with a birth parent?

Even if a birth parent refuses consent, you may still be able to sever the relationship legally. These cases are situational, but family law does account for removing an absent or abusive parent from a child’s life so that a stepparent can legally cement the role he or she is likely already performing.

Can a biological parent deceive the court system?

In these cases, the biological parent may have at some point attempted to hide income or otherwise deceive the court system. Even if the parent has made regular child support payments, any previous attempts to avoid those payments may persuade a judge to terminate parental rights.

Does the law recognize the rights of a birth parent?

The law does recognize a birth parent’s rights, assuming the parent holds up his or her end of the bargain by taking parental responsibility.

Do you have to get consent for child support?

If the birth parent maintains a presence in the child’s life, provides the necessary court-dictated child support and is not abusive, then yes, in most cases you will need to obtain consent.

Can you sever a child support relationship?

Even if the parent has remained in contact with the child, if there is court-ordered child support involved, and if that child support has gone unpaid for more than a year, many judges will be open to legally severing the parent-child relationship.