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?

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1 Lawyer Answer
Jane E. Probst
Jane E. Probst
  • Family Law Lawyer
  • Brookfield, 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.

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