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  1. #1
    Join Date
    Feb 2005
    Posts
    2

    Default My husband wants to adopt my daughter

    If anyone has any help for me please reply to my email address...My husband of 6(almost) years came into my daughters life at the age of 3. All my daughter has known is my husband as her daddy. The biological parent has only seen her once and this was when he had to come to my state and go to court for child support (this all happened before I met my husband). He has seen her once and the only reason he paid any child support was because it was court ordered and then he kept skipping jobs to keep from paying support not to mention he has been in and out of jail as well being investigated for his previous wife's death in which the wife's parents took full custody of his other child...however, a couple of years ago the "bio" decided he wanted to sign over rights to my daughter so that he could get out of having to pay child support due to his new wife having a fit about it. I have a faxed letter from him stating that he wishes to give up rights on her with his signature added, will this hold up to my husband adopting her without having to see him (the bio) again?? I have no idea where to start with this..I do not have the finances to afford a lawyer..will the faxed letter stating that he wants to give up rights help me to obtain adoption papers for my husband to adopt my daughter without having to get consent from the "bio".
    Thanks and Be Blessed!!!

  2. #2
    Join Date
    Sep 2004
    Posts
    759

    Default Adoption of Stepchild

    Depending upon the laws of your jurisdiction, if the biological parent has not provided support for a period of years and has written a letter indicating a desire to abandon his parental rights, a court may well approve a step-parent adoption on the basis of abandonment. However, the court will require notice of the proceedings on all interested parties, which will include the biological parent.

  3. #3
    Join Date
    Feb 2005
    Posts
    2

    Default adoption

    Aaron,
    So are you saying that he will have to be present or will he just have to be notified?? What if they cannot find his whereabouts??
    The final question....where do I start legally with this?? Do I got to a lawyer or can I just do this on my owna dn if so..how would I do this as far as papers go, who would I talk to...
    Thank you so much for your time!!

  4. #4
    Join Date
    Sep 2004
    Posts
    759

    Default Re: adoption

    Quote Quoting myfaith
    So are you saying that he will have to be present or will he just have to be notified??
    Both. In all likelihood the hearing will be in open court, in which anybody who chooses to attend can be present; also, as an interested party, he would have the right to contest the petition if he so chooses. However, he won't have to be present if he chooses not to attend the court proceedings.

    Quote Quoting myfaith
    What if they cannot find his whereabouts??
    Then you can ask the court to permit "substituted service", which may involve service upon his last known address, and/or some form of publication or public posting. The nature and extent of the notice required would be determined by the court, under the governing laws and court rules.

    Quote Quoting myfaith
    The final question....where do I start legally with this?? Do I got to a lawyer or can I just do this on my owna dn if so..how would I do this as far as papers go, who would I talk to...
    You can start on your own. You can go to the courthouse, and speak to the clerk of the court (probably a probate court or family court, depending upon how your jurisdiction's court are organized), and the clerk should be able to give you the necessary forms. If the biological father does not contest the petition, you should be able to proceed without a lawyer. If he does challenge the petition, you should at least consult with a lawyer about your situation.

    (It might not hurt to consult a lawyer in advance, just to be sure as to the legal steps necessary in a situation where there may be an involuntary (even if unopposed) termination of parental rights as part of the step-parent adoption.)

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