[F]
My husband and I have been married for 2 years, my baby was 10 months old when we met. The biological father's wages are garnished each week for child support, but he doesn't cover any other responsibilities like day care or medical expenses. HE only sees her for about 12 hours a month. My husband has taken full responsibility as her father supports her financially, emotionally and financially. How does he get the rights to adopt her. The biological father refused to sign rights away because he doesn't want my husband to adopt her. When she was born he refused to sign the birth certificate so she has my last name and no father listed on the certificate, but there has been a paternity test to prove fatherhood.

You MUST have the biological father sign off on his rights.

Whether you like him or not, he is your child's father.

You'd have to prove he was an unfit parent before a judge to strip his rights away.

The tack you MIGHT want to try is that if he signed away his rights, AND your husband adopted, then he would no longer have to pay child support. But--he may just want to stay a part of his child's life, and if that's the case, then I doubt the money angle would work.

Your best bet is to talk to a family lawyer and see what they have to say.

Quote:

---

Originally Posted by angelaA

[F]
My husband and I have been married for 2 years, my baby was 10 months old when we met. The biological father's wages are garnished each week for child support, but he doesn't cover any other responsibilities like day care or medical expenses. HE only sees her for about 12 hours a month. My husband has taken full responsibility as her father supports her financially, emotionally and financially. How does he get the rights to adopt her. The biological father refused to sign rights away because he doesn't want my husband to adopt her. When she was born he refused to sign the birth certificate so she has my last name and no father listed on the certificate, but there has been a paternity test to prove fatherhood.

---

Take him to court

Taking him to court won't accomplish anything. The bio father is paying support and he is maintaining a presence in the child's life. No court will terminate his rights unless he agrees to it.

The fact that your husband is willing to adopt does mean the courts will terminate rights, but only with his agreement. As Synnen suggested, you have the leverage that once your husband adopts, he will not longer be responsible for child support. You can even offer him a bone by allowing him to continue to see her on occasion. But you have to convince him to relinquish.