My fiancé and I have been together since she was 2 months pregnant and the biological father is in prison for beating her up, while pregnant. Can I adopt her while he is in prison? He is getting released next year and wants to get her. It is not in the child's best interest. He has several felonies i.e... armed robbery along with many drug possession

Based on the limited info you have provided your chances are very slim that adoption will be agreed to by the bio dad.

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Originally Posted by ballengerb1

Based on the limited info you have provided your chances are very slim that adoption will be agreed to by the bio dad.

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I know. That's why we need to know what we have to do. He has 3 other children that he has no custody of and owes thousands of child support. I can't see a judge allowing him custody. He beat her up and broke her jaw when she was pregnant. Violating his parole for armed robbery. The child knows me as daddy. She's 2. The biological fathers brother doesn't even want him to see the child.

Did the father have a criminal record, did he have 3 other children he didn't support, when the mother got pregnant?

The child knowing you as "daddy" is immaterial. You CANNOT adopt the child when you are NOT married to the mother. In many States you have to be married for a year in order to adopt. The Court has taken the position that if you aren't committed enough to marry the mother you aren't committed enough to raise the child for life.

I'm not saying I agree or disagree. I am saying that that is what the Courts are deciding.

The bio father's brother's opinons, likewise, carry no weight.

And, yes, unless he's pretty much in prison for life you need his consent.

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Originally Posted by JudyKayTee

... And, yes, unless he's pretty much in prison for life you need his consent.

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But you will probably still have to give him notice of the adoption.

First thing you need to do is marry your fiancé.

Then see an attorney about the next steps.

As someone has said, many states require that you have been married at least a year before the adoption process can begin.

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Originally Posted by AK lawyer

But you will probably still have to give him notice of the adoption.

First thing you need to do is marry your fiance.

Then see an attorney about the next steps.

As someone has said, many states require that you have been married at least a year before the adoption process can begin.

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Right, he still would get notice and if the Court decides it doesn't need his consent he'll get that notice, too. Gives him something to read during the quiet hours in prison.

Thanks for the input.

No, the bio father is not going to get custody, but that does not mean the court will allow the adoption. He can still get visits even if they are though court supervised visits.

So even though he is a lousy man, he still have legal rights toward the child. So he will have to be notified of any adoption and hopefully approve ( sign for it to happen) If he does not sign for the adoption to happen, you can still go to court and try to get it, but it will be much harder ( and a lot more costlier) and there is a smaller chance of winning.

I am sorry, not what you are wanting to hear, and we respect your love and desire , but adoption or now, you can be and are the father of the child, since you are the one for the child.