Ask Me Help Desk - Adopting my step daughters

I want to adopt my 2 stepdaughters. Their dad is in prison, hasn't paid child support for years. The little bit when he calls about once a month he just causes trouble for them and confuses them. What can we do to adopt the girls while he is in prison.

You would have to have him voluntarily give his rights up.

First, please pay more attention to posting rules. There is a Read First sticky at the top of the Adoption forum (where this was moved from) that directs questions of a legal nature to this forum.

You need an attorney to prepare the adoption petition. Part of the attorney's job will be to get a relinquishment of rights from the father. However, if he refuses to sign, you may not be able to get a TPR and, therefore, no adoption.

You can file a motion with your local Family Court. Normally the bio father has to be given the opportunity to consent to or contest the proposed adoption. I don't quite know how it'll work in this situation with the father being incarcerated. You did say that he calls "about once a month" so that indicates that he is attempting to remain involved in the girls' lives, albeit in the limited manner that present circumstances allow. The idea that he "causes trouble and confuses them" is a more subjective argument and not likely to carry any legal weight. But you can take your chances in court. You may want to consult with a local attorney who's experienced in Family Law matters to get an idea of what your chances might be and what to expect if you do pursue it.

Quote:

Originally Posted by mathtutor

You can file a motion with your local Family Court. Normally the bio father has to be given the opportunity to consent to or contest the proposed adoption. I don't quite know how it'll work in this situation with the father being incarcerated. You did say that he calls "about once a month" so that indicates that he is attempting to remain involved in the girls' lives, albeit in the limited manner that present circumstances allow. The idea that he "causes trouble and confuses them" is a more subjective argument and not likely to carry any legal weight. But you can take your chances in court. You may want to consult with a local attorney who's experienced in Family Law matters to get an idea of what your chances might be and what to expect if you do pursue it.

If the father will not sign the adoption cannot be processed.

I don't know what type of Motion you are suggesting. In my area a Petition is prepared and filed. This is an adoption, not a change of custody.

Of course, I don't know where you live or what State you are addressing.

Quote:

Originally Posted by JudyKayTee

If the father will not sign the adoption cannot be processed.

I don't know what type of Motion you are suggesting. In my area a Petition is prepared and filed. This is an adoption, not a change of custody.

Of course, I don't know where you live or what State you are addressing.

I'm actually in Fla. I guess I should have called it a "petition" as opposed to a "motion." It just seems like, in a case such as this, there's a lot of logistical-type problems to be addressed. With the father being incarcerated, would he be furloughed from prison to appear in court to say "yes, I consent to the adoption" or "no, I oppose the adoption" if a petition and subsequent hearing did materialize? Or would he be administered some sort of deposition or similar document in his prison? And how much weight would the judge give to the fact that the father is incarcerated? There's just a lot of unique variables in this particular situation that make for a potentially complex case if it ever does make it to court.

Quote:

Originally Posted by mathtutor

I'm actually in Fla. I guess I should have called it a "petition" as opposed to a "motion." It just seems like, in a case such as this, there's a lot of logistical-type problems to be addressed. With the father being incarcerated, would he be furloughed from prison to appear in court to say "yes, I consent to the adoption" or "no, I oppose the adoption" if a petition and subsequent hearing did materialize? Or would he be administered some sort of deposition or similar document in his prison? And how much weight would the judge give to the fact that the father is incarcerated? There's just a lot of unique variables in this particular situation that make for a potentially complex case if it ever does make it to court.

"They" hand him an Affidavit, form, whatever Florida uses. He either signs and consents to the adoption... or he does not.

No, he doesn't get released to appear in Court - there's no need. There's no adoption proceeding scheduled until/unless he consents. The adoption cannot be processed without his consent. It's as simple as that.

The father being incarcerated has nothing to do with his "rights" to father this child. Prisoners don't lose their rights as fathers because of their crimes, at least not in the US.

I don't see any "unique variables" that make it a "potentially complex case" if it "makes it to Court." This is, unfortunately, not a terribly unusual scenario.

Without the father's signature it never goes to Court. With the father's signature it goes to Court and it's pretty much a slam dunk.

Do you have citations, anything to back up what you believe to be the way it works? Always happy to be corrected and learn something.

Quote:

Originally Posted by mathtutor

You can file a motion with your local Family Court. Normally the bio father has to be given the opportunity to consent to or contest the proposed adoption. I don't quite know how it'll work in this situation with the father being incarcerated. You did say that he calls "about once a month" so that indicates that he is attempting to remain involved in the girls' lives, albeit in the limited manner that present circumstances allow. The idea that he "causes trouble and confuses them" is a more subjective argument and not likely to carry any legal weight. But you can take your chances in court. You may want to consult with a local attorney who's experienced in Family Law matters to get an idea of what your chances might be and what to expect if you do pursue it.

You are fairly new here (26 posts) so let me me welcome you, but explain some of the ways this site is used.

The forums here can be categorized into two types, technical and non technical. On the technical forums, we expect posts to follow the technical aspects of the question. Specific to the law forums answers need to deal with applicable statutes.

The facts here are as follows:
Courts are very reluctant to grant a TPR. Generally they will only do so to clear the way for adoption or if the parent is a danger to the child. If the father voluntarily relinquishes rights as part of an adoption petition, the courts will accept an affidavits, signed and witnessed that he agrees. If he refuses to sign, then the OP will have to prove he is a danger to the children. Being incarcerated may help the OP, but that alonw will not be enough to get an involuntary TPR.

It is highly advisable to have an attorney prepare the adoption petition, This way the OP can be assured that it will be processed properly.