Arkansas makes the process of adopting your step child a bit easier than a non-biological adoption. This type of case is initiated by filing a petition with your county court and then awaiting a hearing before the judge. Your petition must detail certain jurisdictional and substantive requirements and essentially tells the judge what you want (the adoption, perhaps a name change for the child) and why you think he is the one that should grant these things.
With all legal proceedings involving children, the decision will be made by the judge as to what is in the "Best Interest of the Child". This standard is, however, quite vague and numerous statutes as well as cases interpret and provide color which can assist your attorney is best presenting your case as in your child's best interest.
There are two basic types of Step Parent Adoption -
- Contested - where the non-custodial natural parent does not consent
- Uncontested - where the non-custodial natural parent consents.
The former will take a bit more time and cost you more money in lawyer fees as well as costs. You must prove to the court either that the presumed natural father is not in fact the legal father of the child per your state's laws or that non-custodial parent's rights should be terminated. There are a number of causes which a court could rely upon in choosing to terminate a parents rights and grant the adoption petition. Your adoption attorney can discuss your situation and if any are applicable.
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