You need an adoption lawyer. In Michigan, if there is substantially no contact for two years and substantial non-compliance with a support order for two years, you can probably get his rights terminated without his consent. With his consent, it is easier to do so. Go to the adoption section of my web site and read the part on step parent adoptions. I would be happy to help you on this.
You should get a lawyer and file for a step parent adoption. Your lawyer will also have to file a supplemental petition to terminate the father's rights. It will be based on whether he has had much contact within the last two years and whether he has paid support during that time. I do these all the time. Your case sounds very strong. You should read on my web site about step parent adoptions. www.rathert.law.com. Go to adoptions and then step parent adoptions.
The adoption part of this is actually quite easy and, despite the previous answers, could be done if she is legally in this country. The problem is the adoption will do nothing about the immigration issues. You need an immigration attorney. That will probably be very expensive. Good luck.
In Michigan, you can terminate the non-custodial parent's right and do a step parent adoption if you can proove that for the last two years there has been substantially no contact and substantially no support. Based on what you have written, you can prevail. See my web site and look under step parent adoptions for more details. www.rathertlaw.com. I do such adoptions all over Michigan and would be happy to help you.
Adoptive parents may qualify for a tax credit for adoption-related expenses of up to $13,360 (for 2011) and $12,650 (for 2012). In other words, if you spend $12,650 on this adoption, you may get $12,650 back as a tax credit on your federal income tax return. If you do not pay enough taxes to get all the credit back in one year, you can carry over the tax credit for up to an additional five years. You may also be entitled to a tax credit from your state (but not Michigan starting in 2012) and,...
No. In Michigan, you must be married first to do a step-parent adoption. Also, you must have the father's rights terminated.
After you get married, you should retain an adoption attorney. To read about the process, you can go to my web site: www.rathertlaw.com and look under adoption and then step parent adoption.
I agree completely with Attorney Phelps.
You can read about relative adoptions on my web site: www.rathertlaw.com.
You can also read about the adoption tax credit, for which your adopting daughter may be eligible. This is up to $12,650 for adoptions completed in 2012. Because of the tax credit, most of my clients get all the money they pay doing an adoption back, dollar for dollar. The tax credit does apply to relative adoptions, but not to step-parent or adult adoptions.
As you state the problem, this will be very difficult. Your father is now the legal father. His rights will be paramount unless you have grounds to terminate or suspend them. Being "unsuitable for the role of caretaker" is not sufficient grounds to do either. This true even if your mother does express her desire in her will for you to have a guardianship. Why didn't you, rather than your parents, adopt the boy in the first place?
It sounds like you and your mother and your need some...