I had a daughter June of 05 and her biolgical father wants nothing to do with her i have sole custody of her and he does pay support but i would really like my fiance to adopt her. He's been there since she was three months old and he is great with her she calls him dad and she is now 19 months old. I had asked her bio father to sign off rights but he threatened suicide. He has never seen her, or even called to ask about her. Is there anyway that my fiance can adopt her with out his consent? And have her last name legally change to my fiances? she has my last name right now. I have no contact with her bio father.
2007-01-09 08:08:03 · 9 answers · asked by duckie62705 1 in Family & Relationships ➔ Family
Why would you and he be willing to commit to him adopting your daughter before you're willing to marry each other?
2007-01-09 10:17:31 · answer #1 · answered by Carl 3 · 0⤊ 0⤋
It's weird he pays child support but doesn't have any contact with her. If he weren't paying child support and didn't have contact with her, you probably wouldn't have to do anything except go to court and ask a judge to take away his rights. But since he doesn't take the the time to have a relationship with her, it still might be just that easy. Get advice from a lawyer. It shouldn't cost much for that. As far as him threatening suicide, don't let that be a consideration. He's probably just trying to control you. One thing though, its really not a good idea to have your fiance adopt your daughter until AFTER you are actually married. Don't put the cart before the horse.
2007-01-09 08:19:21 · answer #2 · answered by truthseeker221 3 · 0⤊ 0⤋
I don't imagine you would make it very pleasant for the biological Father to visit his little girl or take her for the weekend. Maybe this is why he has nothing to do with her. He is not going to give his little daughter up to another man. What kind of a man would he be if he did that? Would he be the kind of man that you would have wanted for your daughter? At some point you must have found the father attractive and lovable or you would not have been sleeping with him. Eventually he will have a relationship with his daughter. If he is paying child support you have a way of getting in touch with him.
2007-01-09 08:23:25 · answer #3 · answered by sunny 7 · 0⤊ 0⤋
How about we start with a wedding? Then, go to court, serve the bio father for the court appearance and see if a judge can help you.
First things first though...I mean, the white dress, the guests, the cake, the car...the whole thing. Start your family off on the right foot.
2007-01-09 08:28:14 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You need to file in court for termination of his parental rights and for a step-parent adoption with name change. There is usually a social worker involved, let her/him know about his suicide threats in case they want to help arrange for him to get counseling. Just to let you know, it's much easier to get approved by the social worker and judge after you are married, for us the first step of termination was denied when we were only engaged but the entire process was easy once we were married (because at that point is was in the best interest of the child). Good luck!
Edit: My circumstances were a little different b/c my ex-boyfriend had previously consented with a notary witness and at the time I filed he was whereabouts unknown. You might have to accept their decision if they say no, but you can still have the child's name changed after you're married.
2007-01-09 08:14:16 · answer #5 · answered by Bored Enough To Be Here 6 · 0⤊ 0⤋
In order for him to adopt her, the biological father has to sign off rights but a judge has to allow it or declare it so. After you get married, contact an attorney for step one. That's the only legal way, but you have to be married before you can petition the court.
2007-01-09 08:14:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
First, you can't force anyone to do anything. That includes having your child's father relinquish his parental rights.
How is it that you have no contact with him if he pays child support? That's contact. If he does relinquish his rights, that support goes, too.
See a lawyer to get answers to the rest of your questions, and to get whatever help you may need with the rest of this.
2007-01-09 08:20:12 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Remind him that once he gives up his parental rights, that he doesn't have to pay child support anymore. That may be enough incentive.
2007-01-09 08:24:43 · answer #8 · answered by J T 3 · 1⤊ 0⤋
You can't just take a kid away from her father just because you want to, esp. since he's paying child support.
2007-01-09 08:13:22 · answer #9 · answered by Anonymous · 0⤊ 1⤋