Advertisements
I have been dating this girl for roughly nine months. She currently has a year old child. Her father was there on the day he was born, but since then, he has been nowhere to be found. He hasn't called, payed support or anything. The two were never married.Im engaged to this girl, and we are going to be married soon. What exactly do I have to do to gain custody of this child?By the way, the birth father lives in Ohio, the child was born in Ohio, and we currently reside in Indiana.
Like
Share
Advertisements
I'd love to help, I just dont know the answers. I think first I would call some attorneys. Alot of times you can get a free consultation. Do you think this childs bio father would agree to you adopting? Has anybody asked him?That all said...my bio children have never been adopted by their step dad, BUT he is their dad none the less. They honestly couldnt adore him more, nor he them. Friends of mine were getting married. She had a small dtr that did not have a father in the picture, but the bio father would never have agreed to let his child be adopted. He just liked to be able to SAY he was a father. KWIM? ...Anyway, when my friends got married, HE took HER last name so that now mommy, dtr and (step)daddy all have the same last name. That little girl is now 28 yrs old, and is still the apple of her (step) daddys eye. Good luck and I hope everything works out in the childs best interest.
My best friend had a little girl when we were in college and the birth father soon showed his true colors - much the same as your situation, showed up at delivery and then ran like heck.
It should be no problem to do a step-parent adoption, as long as the birth father is willing to give up his parental rights. Which doesn't sound like it would be a problem in this case. If he isn't involved in the child's life at all and isn't paying support, your fiance could possible file for termination of his rights based on abandonment. Kind of forcing his hand, if he won't consent to the adoption, then she can haul him into court and force him to pay support or do jail time.
I would second the opinion of finding legal counsel. There are a lot of attorneys who do initial consultations free or reduced and can give you options. Dependant upon the state statutes, there could be a waiting period between getting birth dad's rights terminated and the time you could legally adopt, but the lawyer should be able to help out. If you can't afford much, each state has a "lawyer referral service" that can sometimes recommend attorneys who do pro bono or reduced fee work.
Good luck with your new family. My best friend's daughter is now 12 years old and adores her daddy - I hope you have the chance for this same experience.
Quote: I have been dating this girl for roughly nine months. She currently has a year old child. Her father was there on the day he was born, but since then, he has been nowhere to be found. He hasn't called, payed support or anything. The two were never married. Im engaged to this girl, and we are going to be married soon. What exactly do I have to do to gain custody of this child? By the way, the birth father lives in Ohio, the child was born in Ohio, and we currently reside in Indiana.Even though biodad showed up when the baby was born, you need to ask your girlfriend if the biodad signed the birth certificate, took a DNA test, or was adjudicated as the father. I would assume he has not been adjudicated as the father; otherwise, there would be notices of hearings, DNA test appointments and you started seeing each other a few months after the baby was born (so you would perhaps be privvy to those proceedings if she shared that info with you).I would check both Ohio and Indiana family law regarding custody of children of unmarried persons. Good luck! :)
First of all, I want to thank you all for your help. I love this boy with everything I have, and hopefully one day I can become his father. The main concern that we all have is that he will NOT give up his rights because he is still bitter about the breakup... (Note to birthdad- Don't throw temper tantrums and hit your girlfriend next time) We are also afraid that he will come into his life later after we are married and try to cause problems. As far as I know, he DID sign the birth certificate, but that is it. My fiance says that the birth father is a "Putative" father. Once again I appreciate all the help. It means a LOT to me!
Advertisements
You have to check your state laws, then petition the court for termination of parental rights (probably can use abandonment and non-support as reasons). If the bio doesn't show, they will terminate. If he DOES, and you prove legal abandonment, they will likely terminate his rights. You then petition the courts for adoption, and it's pretty easy from there. I suggest waiting until after the wedding, and have all your ducks in a row (stable home, stable employment, etc) before going in, if you do that, you souond like you have a great chance.