Can a Stepchild Be Adopted in the Biological Parent is Absent?
Full Question:
Answer:
Both biological parents, if living, must consent or agree to a stepparent adoption. When a stepparent adopts a stepchild, either the non-custodial parent of the child willingly gives up his or her parental rights to the child, or the court terminates the parental rights of a biological parent if there is evidence of abuse or neglect to the child. If a parent is not involved in the child's life, the court can terminate that biological parents rights on the grounds of abandonment. Grounds for abandonment in most states are no contact between the parent and child for at least one year.
A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. The court may order termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent engaged in conduct or knowingly placed the child with persons who engaged in conduct which endangers the physical or emotional well-being of the child, or the parent is convicted an a child abuse offense. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support.
Termination of parental rights will typically end the obligation for child support at that point, but not erase liability for past due support. Often, relinquishment of parental rights will not be allowed if done for the purpose of avoiding child support payments.
A name change of a minor may be done without relinquishing parental rights, even if the other parent doesn't consent. Plus, the parent will still owe a duty of support to the child, so it is unnecesssary to let a parent off the hook for child support merely to change a minor's name. The court must find that the name change is for the benefit of or in the interests of the minor. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. The other parent will be notified and given an opportunity to object to the name change. The court must believe you are not asking to change the minor child’s name to avoid creditors, obstruct criminal prosecution, or to perpetrate a criminal or civil fraud. If the other parent objects, you must provide evidence that shows the judge that the requested name change is in the child’s best interests.
To determine whether a name change is in a child’s best interests, the court examines several factors, including, among others, the length of time that the child has used his or her current name; the child’s identification as part of a family unit; the potential anxiety, embarrassment, or discomfort that the child might experience if the child has a surname different from that of the custodial parent; and, if the child is old enough to express it, the child’s preference.
