I am living in NM. I have a 6 year old daughter from my previous marriage, and am remarried as of 2 1/2 years now and expecting a child with my current husband. My daughter's bio-father has not had any contact with her since she was about 8 months old, and has been in and out of psych wards for paranoid schizophrenia, and last I heard was in prison in OK. My husband wants to adopt my daughter. Is there any way we can get the rights of the bio-father removed, so my husband can adopt my daughter?

Well the easiest way to go about it would be to get the bio fathers consent and have him willingly reliquish is parental rights.
If you don't know where he is, or don't think he will... you're best bet would be to have an attorney guide you through this.

If you know where he is, you can petition to have his rights terminated... from the information you gave, it sounds like you have a good case. It will go to court and the judge will decide what is in the best interest of the child.

If you don't know where he is you will have to make a good faith effort to find him. Most judges required that you list an ad in local newpapers announcing your intent to have the child adopted. The bio-father is given "x" amount of time to respond... if he doesn't, his rights will be terminated based on abandonment and you will be able to proceed with the adoption.

I would start calling around and setting appts with attorneys (many offer free consultations).

After two years of no contact or child support the bio father loses all rights.

Quote:

---

Originally Posted by jasondbel

After two years of no contact or child support the bio father loses all rights.

---

At no time, regardless of length of time without contact, does a father automatically lose his parental rights.

There is a minimum time of no contact and no child support that must be reached before a mother can file abandonment charges and petition to have his rights terminated. But the father still has rights until it is brought into court. Even with a lengthy time of no contact or no child support, the judge would have to deem it in the best interest of the child to terminate the fathers rights... and it almost certainly wouldn't be done unless there was someone to adopt the child in his place. And if the father contests, it is almost certain it won't be done at all.

Given the father's mental health evaluation, I don't think you would have a major problem in getting his rights terminated to clear the way for adoption. You need to hire an attorney to prepare the adoption pettion. That attorney will help you get the rights terminated.

I read somewhere that after two years of no contact if a step parent wanted to adopt it would be easy to do so.

Comments on this post
jasondbel : i read somewhere that after two years of no contact if a step parent wanted to adopt it would be easy to do so.

Yes, that is true... as Scott and I have said. It would be very easy to do so, after such a long time without contact or child support.

BUT

The FACT is... the fathers rights are not automatically terminated. His rights remain his until the issue is brought before a court... at that time it can be shown his lack of contact and support... then they judge would decide was that grounds enough to terminate his rights.
The longer it is without contact or support, the easier it is to get his rights terminated... but it DOES NOT happen automatically as you stated.

Comments on this postjasondbel : I read somewhere that after two years of no contact if a step parent wanted to adopt it would be easy to do so.

Its nice that you want to help, but this site prides itself on the quality of the advice we give. Something you might have read somewhere may not fit the situation you are applying it to. Its also different from getting an adoption would be easy and that rights automatically terminate.

Please take care, before answering, to be sure your advice is applicable and accurate.