As most know now I am to be married in May. I am 17 and have lived with my fiancee (who is also 17) since October. We live along with my 3 year old daughter who loves my fiancee and even calls her mom at times. My daughters real mom moved away last year and left our girl behind with me. So me and my fiancee are raising her. My fiancee would like to adopt my daughterafter we get married but my little girls real mom has refused to concent. Her mom left her, signed away custody to me, acutally said she had no intrest in her, and has not came back once to see her or even called her. But still she refuses to give my fiancee concent to adopt. Is there any way my future wife can adopt my daughter without her real moms permission?
2007-02-25 05:05:05 · 10 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
without consent i think you have to show proof of abandonment or get her real mom to give up all parental rights to your daughter if she wont give consent talk to the real mom and ask what the problem is with it since she is not around and has no participation in her daughters life and this is the mom she knows now if none of the above happen then as your daughter grows older the step mom will be the only woman role in her life and she will think of her as mom and when you two get married then you may all have the same last name and no one will know the difference of her not being the biological mother hope all goes well congrats on the wedding and for being such a loving father even goes to show that just because you had a kid at 14 doesnt mean that you left her alone wish more young fathers were like you so once again good luck on getting the best and hope the wedding and possible adoption go well
2007-02-25 05:12:56 · answer #1 · answered by sexy b 3 · 0⤊ 0⤋
If you file and the biological mother is served court papers and does not contest, your wife should be able to adopt your daughter.
My ex had a child with a woman in another state. She filed to change the child's name and eventually got married, having her husband adopt the boy. He was mailed the papers since he lived in Florida and she in Alabama, but he never opened the envelopes, leaving them in the mailbox under the assumption that if he didn't KNOW about it, it wouldn't happen. Wrong conclusion. She was able to get everything pushed through.
If the biological mother DOES contest, ask the courts to assign a "guardian ad litem" to act in the best interest of your child. This person will act as an impartial voice for the child and help the courts determine what is in the best interest of the child.
One last thought: does the child's mother pay child support? If she's supposed to, she may take this as an opportunity to get out of that since once the child is adopted, she no longer has any responsibilities (or rights) to the child. If not, you may want to play that hand as a last result, ie. "If you don't want to allow my wife to adopt our daughter, then you need to start ponying up child support money". If she doesn't express interest in the child now, having to pay child support may make her change her mind a little faster, allowing you to put the adoption through.
Good luck!
2007-02-25 13:22:36 · answer #2 · answered by dragonwing 4 · 0⤊ 0⤋
I am currently in a similar situation. The first thing you must do is terminate the mother's parental rights. In my state (SC) there is a minimum of 6 months of no contact or support from the missing parent. You get an attorney who specializes in family law to do a termination/adoption. If the missing parent cannot be located then an ad is placed in your local paper informing her of upcoming court proceedings. Or if you know where she is she will be served with court papers. Either way she will have 30 days in which to answer (fight). Once you get to court you will need to show that there has been no contact or support, or that she has indicated that she wants nothing to do with your child (recorded calls, letters, witnesses, etc.) A guardian ad lit em will be appointed for your child. He will be the one to make the determination as to what is best for your child. You need to be ready for when your child's mother receives the court papers. She will most likely start trying to be the "perfect parent". Do not allow her to see or speak to your child as this will mess it up. You will not be able to terminate her rights if this happens. Do not even speak to her. You might get lucky and she may not fight it. Maybe she doesn't have the money or she may just give up when she realizes you are serious. I wish you good luck.
2007-02-25 15:50:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You'd have to double check with lawyer, but signing away consent and signing away all parental rights are 2 different things. If biological mom has only signed away custody, then you absolutely must get her signed permission before fiance can adopt - there are no short cuts on that one.
2007-02-25 13:28:21 · answer #4 · answered by chicchick 5 · 0⤊ 0⤋
Call your local courthouse and find out if they have someone who advises on "family court" matters. Here in my county, they're called "Family Court Facilitators" This is free assistance for people with questions about family court matters. Be honest with them, tell them what you'd like to do, and see what they say. They know family court really well, and can lend a hand.
If the biological mother gives consent, you will go through Social Services to file paperwork to do a "Step-parent adoption."
Good luck to you!
2007-02-25 13:23:07 · answer #5 · answered by Amy S 6 · 0⤊ 0⤋
1st make sure you have all the paperwork possible including any conversations you may have had with your daughter's mom.
Take this info to your lawyer. They will help you decide what to do from there.
You are 17? and your daughter is 3? I give you both credit if you are willing to take this huge step. ALWAYS remember that the welfare of your daughter is the absolute highest priority in any decisions you make. Take care and best of luck to you both
2007-02-25 13:10:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
She signed away custody, you have the papers, let your lawyer do the rest. Good Luck and Congrats!!!!!!
2007-02-25 13:13:37 · answer #7 · answered by spiritwalker 6 · 0⤊ 0⤋
As long as she is willing, and in some states, the biological mother doesn't contest it, yes.
2007-02-25 13:08:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
get a lawyer and file abandonment charges against her. get the ball rolling.
2007-02-25 13:09:12 · answer #9 · answered by imalickyouallover69 5 · 0⤊ 0⤋
I WOULD CONSULT WITH A LEGAL PERSON ON THIS. ARE YOU GETTING CHILD SUPPORT FROM THE MOTHER?? I WOULD SEEK LEGAL ADVICE ON THIS . GOOD LUCK!:)
2007-02-25 14:54:00 · answer #10 · answered by kimandkaitlyn2005 4 · 0⤊ 0⤋