Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default Stepparent Adoption Laws

    My question involves adoption law for the State of: I am from Virginia and my daughter is 14years old. Her dad has a obligated child support order that he does not follow. And he has no visitation or honestly no dealings with my daughter. We are back and forth to court for these child support issues and he is back and forth in jail because he refuses to take care of my daughter. I am getting married in August and myself and my finance have been parents to my daughter for 13years. He has taken responsibilty for my daughter since she was 2years old. I would like for him to adopt her not only because she adores him as a father but he is the one who takes care of her not only financially but emtionally as well. My problem is I have asked my daughter's dad to sign over his rights to our daughter but he simply refuses to. I don't want to have go through alot of changes to get her adopted. He has no custody. Myself and an paternal aunt share custody of my daughter with me having sole custody. My aunt has no problem relequenshing her custody of my daughter. My questiion is how hard would it be for my finance to adopt my daughter? I need him to adopt her not only because he loves her but because he needs her in his life. He provides everything for her that her dad doesn't.

  2. #2
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Stepparent Adoption Laws

    Quote Quoting Christine37
    View Post
    My problem is I have asked my daughter's dad to sign over his rights to our daughter but he simply refuses to. . . . My questiion is how hard would it be for my finance to adopt my daughter? I need him to adopt her not only because he loves her but because he needs her in his life. He provides everything for her that her dad doesn't.
    What you are asking about requires an involuntary termination of parental rights followed by adoption. It can be done, but it is not a DIY case so you will need an attorney.

    Since dad is a deadbeat dad, he may not want to pay for his own attorney to contest you and that may mean all you need to do is file to get him to change his mind about voluntary termination of parental rights, which BTW, you still have to get a court to order. He can't just sign away his rights - a court has to accept it and to accept it, there needs to be another man willing to adopt, most preferably a man married to the mother.

    So, I think you should marry your fiance before you pursue this with a court. Go ahead and speak to an attorney about this now, but get moving on getting married.

  3. #3
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Stepparent Adoption Laws

    Myself and an paternal aunt share custody of my daughter with me having sole custody.
    Can you clarify this statement? Does your ex actually have any parental rights? Is your sole custody merely residential, or is it legal too?

  4. #4
    Join Date
    Jun 2011
    Posts
    2

    Default Re: Stepparent Adoption Laws

    He has not signed his rights away, he just does have no custody of her. I have a paternal aunt and I have joint custody of my daughter. The only rights he has is visitation and he doesn't follow that order.

  5. #5
    Join Date
    Jan 2011
    Posts
    105

    Default Re: Stepparent Adoption Laws

    Quote Quoting Christine37
    View Post
    He has not signed his rights away, he just does have no custody of her.
    Christine, do you understand that a man can't just sign his rights away without involving a court? No matter if it is a voluntary or involuntary termination of parental rights, a court must be involved.

    1. Sponsored Links
       

Similar Threads

  1. Adoption of Children: What are the Steps for Stepparent Adoption
    By pbream in forum Adoption Law and Surrogacy
    Replies: 3
    Last Post: 12-19-2010, 08:54 PM
  2. Adoption of Children: Stepparent Adoption Without a Lawyer
    By boricua in forum Adoption Law and Surrogacy
    Replies: 5
    Last Post: 11-21-2008, 04:06 PM
  3. Adoption of Children: How to Get the Custodial Parent to Pursue Stepparent Adoption
    By jw7422 in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 11-07-2008, 10:28 AM
  4. Adoption of Children: Stepparent Adoption In Ohio
    By mommaof2boys in forum Adoption Law and Surrogacy
    Replies: 2
    Last Post: 04-14-2008, 01:12 PM
  5. Adoption of Children: Stepparent Adoption When the Biological Father is Willing to Consent
    By Alabama73 in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 08-13-2007, 12:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources