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Step Parent Adoption, no dad on birth certificate, no paternity ever established. How can I do this pro se?

Boise, ID |

My son is 13, he witnessed his bio dad abuse me when he was five. He ended up in prison for six and a half years, has to register as a sex offender for life (charges from me) and cannot contact me or my son ever. He is not on the birth certificate, there was never written acknowledgement or a paternity test taken to establish paternity. He's was never consistent in my son's life (from the age of one to one and a half sporadically and then two months four years later). That's it. He has never made the effort and now he can't. So again no paternity established, not on birth certificate, no real paternal rights. My husband wants to adopt my son, and I want to represent myself. But have to have a lawyer write the petition. Any help or advice?

Attorney Answers 1


Because the father has been out of the child's life the Judge is likely to find that he has abandoned any interest in the child. Each State has their own standards for establishing "abandonment". You can try to obtain his consent but that may not work for you. I would certainly suggest that you contact a local attorney to help guide you through the system. Best of luck to you.

This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.

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