Step-parent adoption

Gosh that is complicated so much of custody law depends on what state you are in too.

I'm surprised that your ex was allowed to terminate his rights without the adoption being ready to go. In most states the court won't allow termination of rights - because you can't sign away the childs rights - without an impending adoption.

Have your ex's rights actually been terminated or did he just sign something that has never been filed with the court?

I'd talk to an attorney right away.

we were actually going forth with the adoption and the papers he signed were filed with the adoption papers in court.....when our court date came up our attorney wanted $500 and at that time we were living off workman's comp. needless to say we didn't go to court and so it was never finalized. We live in georgia and are now ready to proceed. I have not talked to a lawyer yet.

I wish I could be more help. We did a thrid party private adoption.

My niece just went through a step parent adoption though and they moved very quickly.

I would imagine that if the case were never concluded, but that the papers were filed and if your ex hasn't been paying child support or visiting the child then everything would still stand.

But five years is a really long time -- especially in the eyes of the court when it comes to child custody matters.

Do you think your ex would contest it at this point?

If he has changed his mind about terminating his rights I would think that his change of heart would have some bearing since the adoption has never taken place.

Have you done the home study and all the other paperwork that comes after the initial filing?

Really, talk to an attorney. If money is still a problem (I know how expensive adoption can be) you might try calling Legal Aid with your questions. That might at least give you a place to start. Legal Aid would probably be at least able to answer your basic question.

As we learned when it comes to adoption though - if you can't afford the attorney, you can't afford the adoption seems to be the common thinking.