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I need help desperately! I have read about step-parent adoption but have not found the information that I need. My husband would like to adopt my daughter (4 years old). We have been married over three years. My daughter's father is not on the birth cert (we were never married and he refused to sign). The court took custody/visitation away from him and gave me full custody 2 years ago. He has no custody or visitation.
He had been paying child support through a wage garnishment. I spoke with someone at the probation department (strange but they handle step-parent adoptions) and was informed that the bio-parent either had to have no contact OR no financial support of child. Well, he has had no visitation/custody. My daughter sees my husband as her father and also has his last name (she originally had my last name because bio-dad did not sign birth cert though he was there for birth).
Court took away his visitation/custody due to his behavior towards my daughter.
If the court has already taken away custody/visitation from him, do I have to ask for his permission to adopt? How do I start the process?
Thank you for your time,
Shi
You can pick up the initial paperwork for a stepparent adoption at the court in your area that handles adoptions. They should be able to tell you if the Department of Social Services or the Department of Probation will be handling the investigation for the termination of rights.
Start at the court and they should be able to point you in the right direction from there.
Good luck!!
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Although the rule about contact or support is usually true, there is a third option in every state I ever heard of - simply getting the biological father of the child to sign papers relinquishing his parental rights and responsibilities in order for a step parent adoption to occur.
Have your lawyer contact him, and inform him that as soon as the step-parent adoption is completed, he will owe no more child support. He sounds like the kind of guy who would go for that agreement.
Good luck.