Her birth father has been in and out of jail since she was born and was not there at the hospital when she was born nor does she have his last name. When I tried to get child support he failed to show up for court. Does he have rights to my husband adopting my daughter?
2007-03-08 09:20:31 · 11 answers · asked by garnet20 1 in Family & Relationships ➔ Family
I would check with a lawyer. Every state is different. However, if you're looking for something a little less costly (i.e. free), I use to go to this website for free legal advice (www.freeadvice.com). It's a forum where people can answer your questions, something like this. However, be warned that there is no substitute for an attorney when it comes to legal advice. Where something like this is concerned, I'd definitly consult one.
2007-03-08 09:27:55 · answer #1 · answered by reandsmom77 6 · 0⤊ 0⤋
I'm not sure what state you live in but I would check the law. You can usually access your local family court information on line. They can guide you in the right direction. Normally, you can not adopt a child without the biological parent's consent even if that parent has nothing to do with the child. I don't know how old your daughter is, but the court may ask her questions as well. Good luck and bravo to your husband for wanting to do this!
2007-03-08 17:51:53 · answer #2 · answered by itsjustme 3 · 0⤊ 0⤋
actually there is grounds, and you can have your child adopted without the fathers consent. In oh. if a father hasn't had contact with a child or paid child support for more than 6 months you can petiton the court to sever his parental rights and therefore have the child adopted.
But be careful it can cost alot ,consume time and there must be evidence that the father has not supported or visited the child , being in jail may be just cause for not visiting.
If the father doesn't care and he is behind on child support he may be willing to terminate his parental rights, clearing the way for adoption
2007-03-08 17:49:15 · answer #3 · answered by kathy h 3 · 0⤊ 0⤋
If he’s the legal father (and if he’s been ordered to pay child support, he is), then, yes, he has rights. He can contest it. If he has contact with the child (and in some states, child support payments count as contact), and he’s not unfit, then you won’t win. It takes A LOT to prove a parent unfit. You didn’t say WHY he’s been jail, but merely being in jail is not evidence of unfitness. It depends on the crime he was CONVICTED (not merely accused) of.
But, normally if a man is not a part of the child’s life, he won’t contest the adoption, because once it’s done, he’s no longer responsible for paying child support (although he will still owe any *back* payments that are due unless you agree to forgive it).
2007-03-08 17:34:40 · answer #4 · answered by kp 7 · 0⤊ 0⤋
My husband adopted two of my children. We had to go to a lawyer and then the lawyer tries to find the father for him to sign even though the father has not been in their lives since they were babies. If they don't find the father they put an add in the legal area of the paper. If know one comes forward to say they don't want your husband to legally adopt the children there is no problem.
We lived in Illinois when this took place.
I did find their father but he never signed the paper. So we went before a judge and since the father had no contact with my children since their were babies the judged okayed the adoption.
You should contact a lawyer and they will let you know all the info you need.
Hope this helps.
2007-03-08 18:37:40 · answer #5 · answered by T_Ann 2 · 0⤊ 0⤋
Did he sign the birth certificate? If not, you could always lie and tell the courts her father is "unknown". Otherwise, his rights are not released just because he fails to exercise them. I know it sucks, I am in the same boat. It should not be hard to get him to relinquish his rights or have a court do so. You do whats best for your daughter and things will fall in place.
Best of luck to you and your kiddo.
2007-03-08 17:30:28 · answer #6 · answered by Jennifer M 4 · 0⤊ 0⤋
your husband can not adopt her if he does not sign off. unless he drops dead. atleast that is maine law you can double check your state but pretty sure it will be the same. I was lucky my daughters father signed off.
You maybe able to get his rights taken away by the court if that helps.
2007-03-08 17:26:04 · answer #7 · answered by Shelly t 6 · 0⤊ 0⤋
ask the courts to cut his parental ties to the child and cite lack of interest. should he fight for his parental rights then demand back support payments for the child..... if he fails to show the judge will make the choice that is right for the child....
2007-03-08 17:46:44 · answer #8 · answered by bluedanube69 5 · 0⤊ 0⤋
Read other answers, and I was going to say the same. Check with the Family services in your locale and/or state to get a more definite answer.
2007-03-08 17:27:59 · answer #9 · answered by Denise D 2 · 0⤊ 0⤋
you need to check your state's laws. Has he given up his right as a parent ? If so, then it's a done deal.
2007-03-08 17:24:48 · answer #10 · answered by Sparky 4 · 0⤊ 0⤋