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Hello! My husband and I have been married for about 5 months now and he really wants to adopt my daughter. Her biological father never signed the birth certificate, so his name is not on there. He has not been in her life for about 2 years now. I filed child support 2 years ago and he has never made any payments. What should we do to begin the adoption process?
Your husband can adopt your child through Out-of-Wedlock-Birth:
Out-of-wedlock birth—no “presumed” father. You must be able to prove one of these grounds. The law is very protective of a natural parent’s legal relationship. Only when the parent fails to exercise the responsibilities that go along with this right—to communicate with or support his child—will the courts allow interference.
You should also see a lawyer if there is any doubt about your ability to prove the facts, or if you are unsure whether or not sufficient grounds exist. There are some additional grounds (for example, mental illness of one parent) that are not included in our discussion. Because of the specialized nature of these other grounds, you should see a lawyer if you want to use them.
This [URL="http://www.lulu.com/product/paperback/stepparent-adoption-a-resource-book/15460109?productTrackingContext=search_results/search_shelf/center/1"]book[/URL] takes you step by step through the process of filing this type of Step Parent Adoption.
I know this will help! Best of luck to you and your family!
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shellybabe
Hello! My husband and I have been married for about 5 months now and he really wants to adopt my daughter. Her biological father never signed the birth certificate, so his name is not on there. He has not been in her life for about 2 years now. I filed child support 2 years ago and he has never made any payments. What should we do to begin the adoption process?
Your husband can actually adopt your daughter on one of two grounds:
Willful failure -Meaning that the absent parent's consent is not required if that parent has both failed to support, and failed to communicate with, the child for at least a year, provided there is an order or agreement giving the custodial parent custody of the child.
The step-parent has the burden of proving that these facts exist but no independent investigation of these facts is required, the testimony of the natural parent and stepparent will suffice. At that point, the burden is on the absent parent to show good reasons for the failure to support and communicate. If he or she does not or cannot provide a persuasive explanation, the requirement of consent will be dispensed with by the court, and the adoption will proceed as in an independent adoption. All this can be accomplished in one legal proceeding, with only one court hearing. Notice must be given to the absent parent.
Or
Out-of-wedlock birth—no “presumed” father. You must be able to prove one of these grounds. The law is very protective of a natural parent’s legal relationship. Only when the parent fails to exercise the responsibilities that go along with this right—to communicate with or support his child—will the courts allow interference.
You should also see a lawyer if there is any doubt about your ability to prove the facts, or if you are unsure whether or not sufficient grounds exist. There are some additional grounds (for example, mental illness of one parent) that are not included in our discussion. Because of the specialized nature of these other grounds, you should see a lawyer if you want to use them.
I really like to refer people to stepparent-adoption.org [because it helped me alot. Stepparent Adoption: A Resource Book by Wendelyn D. Osorio is a new and revised book from the previous. It has Step by Step procedures on going about many different Stepparent Adoption procedures to terminate the biological parents rights. This book is a timesaver! And well lifesaver too!
[FONT="Tahoma"] We went through a similar situation. Our process started by writing a certified letter to the birth father requesting his consent to consent to the adoption. We gave him a deadline to respond. In our case, he did respond and was willing to work with us. So, we hired an attorney to file the necessary paperwork. It was a long process. My husband and I were interviewed by social services, they did a home visit and even required my husband to have a medical exam. They also wanted proof that our dog's shots were up-to-date. We had to have 5 letters of confidence from friends/associates who would testify that my husband was a good father. Once all of that was filed, a court date was set and the judge approved the adoption. After that, her last name was changed to my husband's and a new birth certificate was created listing him as the father. In your case, since he is not on the birth certificate, you may not even need his consent. Good luck! [/FONT]
My husband want to adopt my 8 year old son. His bio father has not seen him or spoke to hime in 4 years. He is thousands behind on child support and has had visitation temp. Terminated because of his alcohol abuse. After the judge ordered him to go to alcohol counciling he then got a DUI. Is it likely that my husand will be allowed to adopt him? Have the bio father done enough to prove unfit?
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