My daughters biological father walked out when my wife was 9 months pregnant, and he has never seen her. She carries her mothers maiden name, not her "fathers." Not one birthday card, christmas present, or phone call ever! A lousy $160/month child support is all he sends and it had to be court ordered. In my eyes, she is already mine, but I want to make it legal. I'm not sure how to go about doing this. I don't have alot of money for lawyers.
2007-01-19 23:51:29 · 12 answers · asked by Honolulu Paramedic 2 in Family & Relationships ➔ Family
You must petition the court, and get his approval, or wait until the child is 18 years old.
2007-01-19 23:54:38 · answer #1 · answered by Anonymous · 1⤊ 0⤋
A petition to the court is required by law in all 50 states. It will require an attorney and usually cost no more than $500 which attorneys will sometimes take payments.
The biological father will have to be contacted and give his approval for the adoption in writing. Once the adoption is approved by the court, he will no longer be required to make child support payments.
If he does not approve the adoption, you will have to wait until the child turns 18 and then gives her approval for you to do this.
I just went through this process 3 years ago and those are the proper procedures.
2007-01-20 07:59:10 · answer #2 · answered by michael_trussell 4 · 1⤊ 0⤋
The only way that it can be done is if you can prove that the father want nothing to do with the child and has had no contact with her from birth,but you have to bring lawyers in because of the child support. I have also heard that if you put an add in the paper stating what you want to do and no objection is done then you can. Hope this helps.
2007-01-20 13:04:34 · answer #3 · answered by bethbdgr 1 · 0⤊ 0⤋
You cannot adopt a child (whose paternity has been legally established) without the legal consent of the biological father. If he is paying child support, he has paternal rights, and unless he chooses to give up those rights, there is not one thing you can do. Sorry. Not trying to be negative, but it is just fact.
2007-01-20 09:35:27 · answer #4 · answered by Sabrina 6 · 0⤊ 0⤋
sounds like u are a very good person to want to adopt your wifes child, not many men will do that.
He is paying child support regardless of whether it was court ordered. He is still providing financial support.
The only way i know how is to talk to him about giving up his rights. If he gives up his rights completely as father of the child then you have grounds for adoption, but he has to sign legal papers to do this.
I live in missouri, and i do not know if the laws are differant in differant states.
2007-01-20 07:58:29 · answer #5 · answered by badgirl41 6 · 0⤊ 0⤋
So long as you know where the father is or the courts are satisfied you have made reasonable attempts to contact him, you are going to have parental consent. Good luck
2007-01-20 08:42:05 · answer #6 · answered by Cracker 4 · 0⤊ 1⤋
Well he's gonna know their is no getting around it. One way is to try to get his parental right taken away because he's neglecful. But usaly they give him time to try to become better, it would take fair to long. My sugestion is find him go meet him and tell it to him straight. He signs his right away and stops paying child support. That's what my Dad did for my older sister. Once he signs it take it to a juge have his right taken away then that little girl is all yours man. Just be a great father!!!!!!
2007-01-20 07:58:48 · answer #7 · answered by rua_man_on_fire 1 · 0⤊ 1⤋
I don't have any legal advice but just wanted to let you know that you are a heck of a nice guy and that your stepchild and wife are lucky to have you!!
2007-01-20 07:59:10 · answer #8 · answered by ? 2 · 1⤊ 0⤋
You and your wife will both have to adopt the little girl,You will have to go to court to ask for permission for the adoption to go ahead,The Court will ask the father for his permission,If he says no then it will be decided by the court..I wish you luck,As i have been through the same thing..
2007-01-20 07:58:40 · answer #9 · answered by Bella 7 · 0⤊ 1⤋
try to contact him and see if he will give up his rights, he would also not have to pay child support anymore, as she would be 'your' child. call around to lawyers and ask questions
2007-01-20 08:21:46 · answer #10 · answered by Olivia's Mama 7 · 0⤊ 1⤋