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My daughter has a 19 month old daughter. The father's name is not on the birth certificate. He has never seen the child, paid any money or ever attempted to see the child. She is getting married in 10 months and her husband to be wants to adopt my grand daughter. Since the father is not on the birth certificate will there be any problems stopping this adoption. Does my daughter still have to get the fathers permission?
The BEST thing for you to do is consult a local lawyer. All your questions vary state to state. I adopted my wife's son several years ago. Our lawyer saved us lots of time and grief. You many be able to get some free advice if you agree to use their firm if needed. Hey, it's worth it!
Of course they still have to get the fathers persmission.
He has just not filed in court it appears to have any custody or visitation, and it appears your daughter has not filed for child support though the courts.
But the bio father has full rights after he proves he is the father though DNA to have visits or joint custody. And if he has not paid child support in 19 months how many times has your daughter taken him back to court to force him to pay??
But the bio father will have to be asked to sign papers not only giving up his rights but permission for the adoption. The court will have rules if he can not be found, or if he is served notice and does not respond or does not show up in court.
She will need an attorney because there arer some very speciific laws to be followed.
We do not want ANY thing from the bio father. He beat my daughter almost to death when he found out she was going to have a baby and he spent time in jail for it. The only reason he would want anything to do with this child is to get more money back on his taxes. He will not work and he just eats off his prey till he moves onto the next victim. He had all of us snowed and when he found out she was going to have a baby his true colors came through.
Hello I don't know what state you are in but I live in virginia and here it won't be no problems but it will be so much easier on her and better for her in front of a judge to try to get him to sign over his rights and all that stuff it will look better on her and more of a chance if she dose have to involuntary terminate his rights instead of voluntaryQuote:
Originally Posted by love22bug
When I went through the adoption process for my step-son we had to attempt to locate the father. We did this through newspaper ads in the legal notices. This was necessary because his name was on the birth certificate. The court told us that the father has no legal rights if his name isn't on the birth certificate. Since he's not the legal father no permission is required. That's in my state, I don't know how things are done where you live. A call to your local legal aide would clear the issue up for you. Since state laws vary that is the best thing for you to do.
If the father can be located he will either have to relinquish his rights, or the judge will have to remove his rights for the adoption to proceed. Sounds like a real winner here, (just be funny o.k.) , and I would guess when he is presented an amount for back payment of child support for 19 months for a child he has never seen , he if given the option will probably sign his rights away to keep from paying the back pay. I certaninly hope your daughter's new fellow will make her happy and they will have a chance to live life as it was meant to be.
She has to attempt to get his permission. If his whereabouts are unknown and she is unsuccessful in her attempts to contact him after a prescribed amount of time, then the adoption can proceed without his consent.
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Originally Posted by s_cianci
That's what I did when adopting my wife's child. We placed an ad in the legal notices in the local papers for a few weeks. When he failed to show up the adoption sailed through with no problems. These guys usually won't show up because they know they have to face back child support.
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