Birmingham, AL asked in Adoption, Family Law, Child Custody and Child Support for Alabama

Q: Can my husband of 6 years adopt my 12.5 year old son ? Does the biological father have to consent?

I was 15 when I had my son out of wedlock. I had my sons last name changed to my maiden name right before he turned 3 ,due to his biological father being absent . We have a dhr child support order , that he pays on and off . Currently hasn't paid since August of 2018. He hasn't seen my son since he was 2 years old and hasn't attempted to contact us in anyway . His whereabouts are unknown . We have never went to court over custody or visitation of any kind . My husband and I have been together for 8 years . My husband wants to adopt . My son wants this as well .

1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: The short answer is yes. There appears from what you have said to have been a more than 6 months period during which there has neither been emotional or financial support provided by the father and therefore the child is considered abandoned and can be adopted under Alabama statute by the step father. Consult an attorney about how to proceed immediately. Any day the father could call or pay child support and end the abandonment so time is of the essence.

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