I recently got married and my husband wants to adopt my daughter. The birth father is real shady and I never know what to expect from him. He tried signing his rights over but every lawyer I spoke to says he cant do that. that the only way for me to have full custody of her is if my husband adopts her. Anyway the adoption papers are done all we need to do is have the birth father sign them and mail them back. then we have to go in front of a judge. any way my question is can i really not have full custody of my daughter on my own and does my husband have to adopt her to get her away from her birth father.
sincerely, (at my witts end)
2007-04-27 15:43:38 · 7 answers · asked by nichole s. 1 in Family & Relationships ➔ Marriage & Divorce
No and yes.
No court will "bastardize" a child. Meaning, your new husband will have to adopt your daughter in order for your ex to be able to terminate his parental rights (and child support obligations). The Courts feel like a child should have a a mother and father and that you each are responsible for taking care of her financially. For example: if you get receive welfare benfits from the state (child care assistance, food stamps, medicaid) and your ex is not paying child support, then the State will go after him to collect past child support for the money it spent on your child. The state wants for her "father" whether it be biological or adoptive to support her.
I'm sure you've discussed this with your attorney, but once your husband adopts your daughter, she will legally be his child and if the two of you divorce, he will have just as much right to her as you do. Meaning, he will get visitation or could get custody of her. However, that does not necessarily sound like a bad thing.
2007-04-27 17:42:15 · answer #1 · answered by Susan D 5 · 0⤊ 0⤋
Adoption laws vary from state to state, and an attorney is the only right person to answer your question about adoption.
The part about getting full custody is a little easier. If the bio-father is a danger to your daughter, all you have to do is prove to the courts that he is unfit, and dangerous to her health and well being. The courts across the country are more willing to give full custody of a minor child to the mother before the father unless the mother is a safety risk.
All states allow a father or mother for that matter, to give up parental and custodial rights to their children. They are not usually willing to let the parent out of the financial obligations though. he would still have to be responsible for her in some respect until your current husband adopts her, and then the financial responsibility becomes yours and his.
2007-04-27 15:59:22 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She is your daughter, you do have custody of her. Now, I'm not sure about a father signing over his rights, but if didn't you still have custody of her. It use to be that you had to be married 1 year before a step parent trying to adopt, The simple answer to your question is no, as long as the real father is in the picture you and he have rights. Once the adoption goes through then it will be you and current husband.
2007-04-27 16:01:12 · answer #3 · answered by Krinta 7 · 0⤊ 0⤋
I was pregnant at 17 married at 18 divorced 19, I reared my son by myself.His father was not interested and I did not receive a cent maintinence,had to work 3 jobs to keep a roof over our heads.But I was lucky having my family around,It wasn,t until just recently that his so called father decided to get in contact.A BIT LATE THOUGH MY SON IS 29 and MARRIED WITH HIS OWN CHILD(my grand-daughter is 5 this august)My son does not want anything to with him obviously.I married a 2nd time(15yrs in july)My husband didn,t adopt my son but that doesn,t mean he is not the father.HE CALLS BRIAN DAD AND THATS THE MAIN THING, YOU DO NOT NEED A BIT OF PAPER TO BE FATHER (both my son and husband get on like a house on fire).....Dont know if this helps you but now everybody knows my life story....Liz.
2007-04-27 16:40:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It all depends on the state. I have full custody of my daughter because her worthless father didn't sign the birth certificate for one and he hasn't had contact since the day she was born which is considered abandonment.
2007-04-28 06:32:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
What state or Country are you living in? I would go to the libaray and educate myself on the laws for your State.Because if that is the law in your State you guys in to get a new law written ASAP.
2007-04-27 16:18:20 · answer #6 · answered by Luna C 1 · 0⤊ 0⤋
I hope you get some answers soon because I'm going through a similar problem and want to know what to do.
2007-04-27 15:55:30 · answer #7 · answered by That Gurl 1 · 0⤊ 0⤋