How do you go about adopting your spouse child if the birth father won't sign over rights.
The birth father does pay some child support and only comes around when he has to. He gets drunk daily and smokes pot. But when tested he comes out clean. When the baby is with him it's a hassle to him. The only reason he won't sign over is to get back at his ex-girlfiend and my brother. What can my brother do. An example of how the baby is a burden to his birth father is on thanksgiving it was a visitation day and he didn't come for him because he was going to be too busy!! He has never spent one holiday with him!! But in court he's an angel. The baby hates to be with him and has nightmares when he comes home. Please help:confused: :confused: :confused: :confused:

The answer is; you don't. If he won't give up his rights and you can't prove he is a danger to the child, then no court is going to terminate his rights. The only hope I see is to crack down on the child support. If he has to come up with arrears or more support, he might then be willing for your brother to take the responsibility.