Appleton, WI asked in Adoption and Family Law for Wisconsin

Q: How does a father sign over his rights?

My ex hasn't physically seen our son in over 2 years, and is nearing the 6 months mark of not even talking to him. He called me the other day and said that he would sign away his rights so that my current fiance could adopt our son.

I have no idea what paperwork needs to be filled out, if there will be a court hearing, and what steps to take. My ex lives in Texas, so I have to retrieve the forms and send them to him in order for any of this to happen. Also my current fiance is still in the middle of a divorce with his (ex)wife, will this cause any problems?

Related Topics:
1 Lawyer Answer
Jane E. Probst
Jane E. Probst
PREMIUM
Answered
  • Family Law Lawyer
  • Wauwatosa, WI
  • Licensed in Wisconsin

A: It is not a matter of simply signing over one's rights. You and your fiance will need to first be married prior to his ability to adopt. Then, there would be a need for both of you to cooperate with a custody study with an adoption agency. Once that is completed, you would need to file a Petition for Termination of the biological father's parental rights and a Petition for Stepparent Adoption. The father can sign a Consent to a Voluntary Termination of His Parental Rights if he is willing to do so.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.