Do I need to hire an attorney to have my husband adopt my daughter? Her biological dad has only seen her 5 times in her life. She is 9 now. It has been 18 months since any contact has been made. Im not even sure where he is but I have heard and am pretty sure he is overseas now.
My husband is the only 'dad' our daughter has ever known. We would like to have him adopt her but keep getting different procedures told to us from different court houses when I go to inquire.
Is the best way to just hire a lawyer and is it expensive? We would like to make their relationship 'legal' but Im not sure of what to do about her biological dad. I don't think he would necessarily agree to her being adopted by someone else but he has never had anything to do with her, never paid support, and never developed a relationship with her. Also I would not know where to go to find him.
I have heard of WA state having child abandoment laws but I am unclear as to how they work.

Quote:

---

Originally Posted by acatcarb

Do I need to hire an attorney to have my husband adopt my daughter? Her biological dad has only seen her 5 times in her life. She is 9 now. It has been 18 months since any contact has been made. Im not even sure where he is but I have heard and am pretty sure he is overseas now.
My husband is the only 'dad' our daughter has ever known. We would like to have him adopt her but keep getting different procedures told to us from different court houses when I go to inquire.
Is the best way to just hire a lawyer and is it expensive? We would like to make their relationship 'legal' but Im not sure of what to do about her biological dad. I dont think he would necessarily agree to her being adopted by someone else but he has never had anything to do with her, never paid support, and never developed a relationship with her. Also I would not know where to go to find him.
I have heard of WA state having child abandoment laws but I am unclear as to how they work.

---

The father needs to consent to the adoption. It is almost impossible to declare a child abandoned. Eighteen months without contact is not enough time.

He may be thrilled to surrender the child in order for adoption to take place - or, again, he may not. Knowing he can/will be forced to support the child for the next X years - if you get tough and insist support be paid - has a tendency to change people's minds about the whole thing.

It should not be "terribly" expensive - but again, expensive is often in the eye of the beholder. It will be the Attorney's job to find him and notify him.

Do you have a support order and he never paid or is there no support order?

I most definitely would not get advice from people in the Courthouse or, for that matter, anyone on this board - including me. For a final decision, you must contact an Attorney but I have outlined what I know about the procedure.

CW 26.33.030
1) A petition under this chapter may be filed in the superior court of the county in which the petitioner is a resident or of the county in which the adoptee is domiciled.
RCW 26.33.050
Any consent, relinquishment, or order of termination that would be valid in the jurisdiction in which it was executed or obtained, and which comports with due process of law, is valid in Washington state, but the burden of proof as to validity and compliance is on the petitioner.
RCW 26.33.100
(1) A petition for termination of the parent-child relationship of a parent or alleged father who has not executed a written consent to adoption may be filed by:
(a) The department or an agency;

(b) The prospective adoptive parent to whom a child has been or may be relinquished if the prospective adoptive parent has filed or consented to a petition for relinquishment; or

(c) The prospective adoptive parent if he or she seeks to adopt the child of his or her spouse.

(2) The petition for termination of the parent-child relationship shall contain a statement of facts identifying the petitioner, the parents, the legal guardian, a guardian ad litem for a party, any alleged father, and the child. The petition shall state the facts forming the basis for the petition and shall be signed under penalty of perjury or be verified.

RCW 26.33.120
Termination — Grounds — Failure to appear.
1) Except in the case of an Indian child and his or her parent, the parent-child relationship of a parent may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and is withholding consent to adoption contrary to the best interest of the child.

(2) Except in the case of an Indian child and his or her alleged father, the parent-child relationship of an alleged father who appears and claims paternity may be terminated upon a showing by clear, cogent, and convincing evidence that it is in the best interest of the child to terminate the relationship and that:

(a) The alleged father has failed to perform parental duties under circumstances showing a substantial lack of regard for his parental obligations and is withholding consent to adoption contrary to the best interest of the child; or

(b) He is not the father.

(3) The parent-child relationship of a parent or an alleged father may be terminated if the parent or alleged father fails to appear after being notified of the hearing in the manner prescribed by RCW 26.33.310.

RCW 26.33.150
Petition for adoption — Filing — Contents — Preplacement report required.

(1) An adoption proceeding is initiated by filing with the court a petition for adoption. The petition shall be filed by the prospective adoptive parent.

(2) A petition for adoption shall contain the following information:

(a) The name and address of the petitioner;

(b) The name, if any, gender, and place and date of birth, if known, of the adoptee;

(c) A statement that the child is or is not an Indian child covered by the Indian Child Welfare Act; and

(d) The name and address of the department or any agency, legal guardian, or person having custody of the child.

(3) The written consent to adoption of any person, the department, or agency which has been executed shall be filed with the petition.

(4) The petition shall be signed under penalty of perjury by the petitioner. If the petitioner is married, the petitioner's spouse shall join in the petition.

(5) If a preplacement report prepared pursuant to RCW 26.33.190 has not been previously filed with the court, the preplacement report shall be filed with the petition for adoption.

RCW 26.20.035
(1) Except as provided in subsection (2) of this section, any person who is able to provide support, or has the ability to earn the means to provide support, and who:

(a) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon him or her; or

(b) Willfully omits to provide necessary food, clothing, shelter, or medical attendance to his or her spouse or his or her domestic partner,

Is guilty of the crime of family nonsupport