My daughters father is prison for life with out the possability of parolle for being a pedaphile. My husband and I have reconciled and plan on getting married again. My question is do I have to have the concent of here biological father with him being a child rapest? I do not believe he should have any rights to my daughter. There for I want to know if my boyfriend soon to be husband again can adopt her legal with out a fight from a pervert?

First ANY question on law needs to include your general locale as laws vary by area.

Was it your daughter that he abused?

I'm sure you don't believe he should have any rights. Frankly, I agree with you if it was your daughter he abused. But the law generally thinks differently.

Since you will need an attorney to process the adoption I would suggest you start shopping around for one now. You can probably get some free initial consults which can tell you if you have to get the bio father's agreement to the adoption.

My guess, based on the limited info you gave us, is that the court will require he be asked to sign a relinquishment of rights. But if he refuses the court will issue a TPR anyway and grant the adoption.

In most places they will require you to be married first. Since your boyfriend has no legal attatchment to you he could just walk away.

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Originally Posted by califdadof3

In most places they will require you to be married first. Since your boyfriend has no legal attatchment to you he could just walk away.

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OP said "My [ex] husband and I have reconciled and plan on getting married again." But yes, that has to happen first.

I live in Ohio cinci area. It was not my daughter he raped but his other daughter which is my daughters half sister. He has life with no parolle in a prison. A total of 888.88 years

Normally, I recommend that the Termination of Parental Rights (TPR), be done as part of the adoption process. In this case it might be better to do it separately. I would still suggest that you shop around for an attorney and discuss the strategy with them first. You will still need to have an attorney prepare the adoption petition.

But you might find that it will be easy, in this case, to petition the court for a TPR on your own. I can't imagine any court not granting one in your situation. Talk to the court clerk for family court and find out what you need to do to request a TPR. If its simple enough, file and see if it will be granted. The adoption will then be easier (and maybe less expensive).

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Originally Posted by ScottGem

... But you might find that it will be easy, in this case, to petition the court for a TPR on your own. I can't imagine any court not granting one in your situation. Talk to the court clerk for family court and find out what you need to do to request a TPR. If its simple enough, file and see if it will be granted. The adoption will then be easier (and maybe less expensive).

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I question why it would be necessary to reinvent the wheel just because the father will be in prison for the rest of his life. The normal procedure should work just fine in this case. Get married, petition for step-parent adoption, and then ask for TPR. What's the hurry?

It's not like the father is going to be in a position to to exercise his parental rights any time soon.

By-the-way, one does not go to prison for being something. He is in prison for something he has done.

The reason why I suggested separating the process IN THIS CASE was because I think the OP can get a TPR without using an attorney. I think this is a slam dunk situation where a court will grant the TPR just for the asking and may not even consult the father. This will make the adoption easier and less expensive. Plus it eliminates the need to consult the father and possibly have him fight it.

I think the court would still require the father's agreement for the adoption, but I think the OP can get that out of the way herself, eliminating that need.

I think its worth a try in THIS case.

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Originally Posted by ScottGem

... I think the OP can get a TPR without using an attorney. ...

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The problem with trying that is that the document may not be drafted properly without an attorney's assistance.

A TPR agreement without a step-dad in place is like a blank check. Step-parent adoptions don't work that way.

I believe that a petition at this time is likely to be a waste of time and money. The father is not going anywhere. If it's a slam dunk now, it will be just as much as a slam dunk then. So what's the hurry?

I do agree that most likely the adoption can go though with or without permission of the father because of his long prison sentence and his crime, but on either to take his rights away will require court action and the bio father will have a right to defend his self in the attempts

I think it is wonderful your ex and soon to be husband wants to do this. But I do advise getting an attoreny since you want every I dotted and every T crossed to be sure not to leave any future protests to this.

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Originally Posted by AK lawyer

If it's a slam dunk now, it will be just as much as a slam dunk then.

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I explained this. I don't think it will be as much of a slam dunk then. I think that a court will require his assent for an adoption, but that a court may issue a TPR without his consent. Making it easier to get it now.

I don't know for sure, so it would be best for the OP to consult with an attorney first and let the attorney guide her on the best strategy.

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Originally Posted by ScottGem

... I think that a court will require his assent for an adoption, but that a court may issue a TPR without his consent. ...

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Maybe it's just me, but that seems downright illogical.

Could be, I guess, if the judge doesn't understand that the two things are essentially the same.

OK thanks. I want his parental rights terminated no matter what though even if I did not end up having her adopted by my ex husband

So I think ill speak to an attorney now and see what has to be done to get his parental rights revoked! Thanks for the advice