My husband wants to adopt his step daughter
My husband and I have been married for a little over a year. My daughter and I have known Rick and his family for four years. For the past three years and 4 months, my daughter has been calling Rick daddy. No one told her too or even suggested it. She started it and then even at four years old would get upset when we would go home after visiting with her "new family". For the past three years her biological father has had nothing to do with her except pay child support, which is court ordered. When we first seperated, we weren't married, but his name is on her birth certificate, I drove her to his house every other weekend so he could have his "time" with her. I would then go get her when the weekend was up. That was eight hours every other weekend that we were on the road, not including the wear and tear on my 200.00 car. When my husband and i got serious he didn't want me on the road by myself after i got off work taking a four hour ride. So i told my ex that Rick and I would meet him half way. He told me no. Well after that, she has not heard from him. no calls, no cards, no nothing. Now that she is eight years old she has asked Rick several times to have his last name. "momma has your last name and we're a family i want your last name to." We have talked to her about losing her original last name and that Daddy apots her that she would possibly not see her real father any more. Her comment is " well I don't see him know..." We would like to know where we stand and what we need to do next. Can we or do we just change her last name or do we go for full custody for me and her stepfather
Consent for Step-Parent Adoption
With his consent, the procedure should be relatively simple, and you can probably get the required forms at your County courthouse. Complete the forms, pay the fee, go to a simple hearing, and complete the step-parent adoption.
Without consent, you would likely need to show abandonment, which typically requires documenting not less than six months of non-contact (despite the other parent's being able to make contact) and non-support. It is generally a good idea to pursue this type of action with the assistance of an attorney.