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    BlackwellFam's Avatar
    BlackwellFam Posts: 4, Reputation: 1
    The Blackwell Family. Together we have everything!!
     
    #1

    Jul 18, 2016, 02:17 PM
    Can my husband adopt my daughter with convicted felonies?
    My husband and I got married on February 9th, 2016. I have a five years old daughter who does not have a BIO father with any rights to her (he is not on her birth certificate and unknown). My husband has a criminal record with NUMEROUS convicted felonies for robberies and ONE SERIOUS NON-VIOLENT STRIKE in California. He does not have any cases dealing with family abuse or child endangerment. His last conviction he served four years in prison and is now on parole. He is currently attending a drug rehab because he got involved with some old habits, but he realized it was wrong and checked himself in. Would he be able to adopt my daughter with all of these issues? Please help.
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Jul 18, 2016, 02:41 PM
    Quote Originally Posted by BlackwellFam View Post
    My husband and I got married on February 9th, 2016. I have a five years old daughter who does not have a BIO father with any rights to her (he is not on her birth certificate). My husband has a criminal record with convicted felonies for a violent crime robberies in California. He does not have any cases dealing with family abuse or child endangerment. His last conviction he served four years in prison and is now on parole. He is currently attending a drug rehab because he got involved with some old habits, but he realized it was wrong and checked himself in. Would he be able to adopt my daughter with all of these issues? Please help.
    Your first mistake is thinking the biological father doesn't have rights because his name isn't on the birth certificate.

    That actually has nothing to do with it at all. If he's still alive, he's going to have to be willing to sign the papers for it to happen. That's the FIRST hurdle to jump.
    BlackwellFam's Avatar
    BlackwellFam Posts: 4, Reputation: 1
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    #3

    Jul 18, 2016, 03:01 PM
    Quote Originally Posted by smoothy View Post
    Your first mistake is thinking the biological father doesn't have rights because his name isn't on the birth certificate.

    That actually has nothing to do with it at all. If he's still alive, he's going to have to be willing to sign the papers for it to happen. That's the FIRST hurdle to jump.

    What if I don't know who her Bio father is?

    Quote Originally Posted by BlackwellFam View Post
    What if I don't know who her Bio father is??

    Oh and I also forgot to mention he is CONVICTED FOR A SERIOUS NON-VIOLENT STRIKE. He does not have ANY violent convictions.. My mistake
    Wondergirl's Avatar
    Wondergirl Posts: 37,846, Reputation: 5428
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    #4

    Jul 18, 2016, 03:20 PM
    Quote Originally Posted by BlackwellFam View Post
    What if I don't know who her Bio father is?
    Do you know who he is?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #5

    Jul 18, 2016, 03:51 PM
    You are going to have to make a concerted effort to find out... the courts will otherwise assume you are trying to do an end run around the system by claiming you don't. Because there are women out there who have done exactly that in the past.

    You genuinely might not know... but they will assume otherwise.
    BlackwellFam's Avatar
    BlackwellFam Posts: 4, Reputation: 1
    The Blackwell Family. Together we have everything!!
     
    #6

    Jul 18, 2016, 07:39 PM
    Quote Originally Posted by smoothy View Post
    You are going to have to make a concerted effort to find out... the courts will otherwise assume you are trying to do an end run around the system by claiming you don't. Because there are women out there who have done exactly that in the past.

    You genuinely might not know... but they will assume otherwise.

    So how do I prove I don't know who he is? And then after that can my husband adopt our daughter with the strike and felonies?

    Quote Originally Posted by Wondergirl View Post
    Do you know who he is?

    I do not
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #7

    Jul 18, 2016, 08:09 PM
    Quote Originally Posted by BlackwellFam View Post
    So how do I prove I don't know who he is? And then after that can my husband adopt our daughter with the strike and felonies?




    I do not
    You need to hire a lawyer.. because you would never be able to do it on your own. It WILL be significantly more difficult... and expensive as a result. Because somewhere out there is a father that has rights even if he isn't aware he is a father. The system is the way it is so someone acting out of spite (not saying YOU are) doesn't adopt out a child the other parent would want custody of.

    You need legal representation as you will have to meet the requirements set forth by the court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7691
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    #8

    Jul 18, 2016, 10:15 PM
    You will have to attempt to find out who the father is , if it is two or three, they will need to be found and DNA tests done, because the father has rights. Including the right to know.

    The court will have specific requirements that you must follow to start the adoption.

    After that yes his criminal record will be a serious issue.
    BlackwellFam's Avatar
    BlackwellFam Posts: 4, Reputation: 1
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    #9

    Jul 19, 2016, 11:04 AM
    Quote Originally Posted by Fr_Chuck View Post
    You will have to attempt to find out who the father is , if it is two or three, they will need to be found and DNA tests done, because the father has rights. Including the right to know.

    The court will have specific requirements that you must follow to start the adoption.

    After that yes his criminal record will be a serious issue.


    Thank you!
    ma0641's Avatar
    ma0641 Posts: 15,681, Reputation: 1012
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    #10

    Jul 19, 2016, 02:21 PM
    I know what you meant but by reading your heading infers your daughter has the felonies!

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