Legal Question in Family Law in Oregon

subject

I have a son from a prior marriage, my ex only pays child support because he lives in Vermont and the laws there require employers to check on all employees with the office of child support and automatically withold the ordered support. My ex has had no contact with my son in approxiametly 3 years. I moved to Oregon in 1998 and my ex has made no effort to visit my son. The divorce decree gave us joint legal custody, physical custody to me with visitation rights.

How do I protect my son from being ripped away from the only family he knows, he was 4 when I remarried and has an older sister, if something were to happen to me? Is there a way for me to terminate my ex's parental rights? Is there a way to allow my present spouse to adopt my son? He has adopted my daughter who is from a prior relationship, that was simple as her biological father has never had any contact and we were not married. He would love to be able to adopt my son as well.


Asked on 10/13/04, 3:39 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Stepparent adoption.

YOUR POST:

I have a son from a prior marriage, my ex only pays child support because he lives in Vermont and the laws there require employers to check on all employees with the office of child support and automatically withold the ordered support. My ex has had no contact with my son in approxiametly 3 years. I moved to Oregon in 1998 and my ex has made no effort to visit my son. The divorce decree gave us joint legal custody, physical custody to me with visitation rights.

How do I protect my son from being ripped away from the only family he knows, he was 4 when I remarried and has an older sister, if something were to happen to me? Is there a way for me to terminate my ex's parental rights? Is there a way to allow my present spouse to adopt my son? He has adopted my daughter who is from a prior relationship, that was simple as her biological father has never had any contact and we were not married. He would love to be able to adopt my son as well.

ANSWER:

Why not have your husband (the child's present stepfather) adopt the child? This can be easily done if your ex (the child's present father) is willing to voluntarily relinquish his parental right and consent to the stepparent adoption. With voluntary consent, there should be no problem.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html


Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]

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Answered on 10/14/04, 3:21 am


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