Involuntary Termination of Rights for Adoption

[notsure33]

My question involves adoption law for the State of: washington. I married the love of my life and she has a two year old daughter whom I consider my own. Her biological father was just released from prison and is a level 3 registered sex offender. My wife contacted him and he now wants to see his daughter. He has done nothing for her and has not supported her. He was in prison for 14 months and his child has no idea who he is and she calls me daddy. I would like to adopt her but he has already said he won't give up his rights. My wife was going to file a restraining order but he ended up in prison for failing to register as a SO so she thought that she wouldn't need to do that. She told the sherrifs dept that she wanted to do that and that he had threatened her and the child. Is it even an option to have his rights terminated so I can adopt her? I have been supporting her the whole time he was in prison and he has already had rights terminated to another child with another mother. Would going to prison for failing to register fall under abandonment? He also has no address. He was released as a transient. Would it be better for my wife to file for sole custody instead?

[Dogmatique]

What was he actually convicted of? It may make a difference as to your wife's options. Also, are there any court orders in place at all?

Please stepdad, show this next bit to your wife, too (please also try not to shoot the messenger, and remember that I am actually a stepparent too) :

First, please don't lie to the little girl. You're not Daddy and she needs to know this. I know you feel like Dad, and you've acted as Dad, but you're not and if she finds out later on in life that the two people she trusts most in the world have lied to her - imagine the trauma that can cause.

Second, ask yourselves a question. If you get divorced, are you ok with Mom having custody and you having to pay child support? Is SHE ok with YOU having custody and paying you child support?

[notsure33]

First I know I'm not the father. My wife also has an older child that occasionally calls me daddy and she sees her daddy every other week and I am happy she has that option. So yes I understand that I'm not the original father and she will know that. He was convicted of communication with a minor for immoral purposes and then failure to register at this time it doesn't look like he has any court orders

[Dogmatique]

What - EXACTLY - is he convicted of? Or, what were the circumstances?

More:

Circumstances That Are Grounds for Termination of Parental Rights
§§ 13.34.132; 13.34.180
• The parent has abandoned the child.
• The parent is unable to discharge his or her parental duties due to:
o Psychological incapacity or mental deficiency
o Use of intoxicating or controlled substances
• The parent has subjected the child to aggravated circumstances, that may include one or more of the following:
o Conviction of the parent of rape, criminal mistreatment, or assault of the child
o Conviction of the parent of murder, manslaughter, or homicide by abuse of the child’s other parent, a sibling, or
another child
o Conviction of the parent of attempting, soliciting, or conspiring to commit any of the above crimes
o Commission of assault against a surviving child or another child of the parent
o A finding that the parent is a sexually violent predator
o Failure of the parent to complete available ordered treatment, and that failure has resulted in the termination of
parental rights to another child
o Conviction of the parent of a sex offense or incest when a child is born of the offense
• The child has been found to be a dependent child, has been removed from the custody of the parent for at least 6 months,
and there is little likelihood that conditions will be remedied so that the child can be returned to the parent in the near
future.

Being imprisoned in and of itself does not constitute willful abandonment.

[notsure33]

I believe he was being charged with rape of a child 3 but got dropped to communication of a minor for immoral purposes. I believe the girl was 15 he was 18 she had a child and he had his rights taken away.

[Dogmatique]

So it's basically a reduced stat rape charge?

That in itself isn't going to be held against him for the purposes of your wife's child. When was the conviction?