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Ok I need help.. My Daughter is 2 years old and My husband is the only father she has ever Known.. Her real father is in prison and will be until she is 17.. And is not on her Birth Cirtificate. So dose he have the right to stop my husband from adopting her?
First it is great that she has someone in her life that will be there. Next no matter what happens in court, in her heart, he will always be the father.
Yes the bio father has rights, and prison for the bio father as a reason depends on where you live, in some places it is a listed reason, in others you will have to prove it is for the child's benefit, while that should be easy, it still has to be proven
So the first thing your attorney will do is try and just have the bio father sign over his rights, to allow the adoption, this will be easier, faster and cheaper. If not, the attorney will file to force the rights of the bio father be taken away to allow the adoption.
It should be possible with such a long prison sentence, but it will still have to be done though court.
Sure he can... he is after all the genetic father. And has rights equal to yours... meaning its going to take a legal case and that means money.Quote:
Originally Posted by Julia Bland
He might be willing to allow it to happen if offered the right enticement. That would be the easiest way to accomplish what you desire without an expensive legal fight.
Before granting an adoption a court will require that the bio father be identified and that he be requested to voluntarily relinquish his rights.
However, given the circumstances, if he refuses, I suspect the court will still issue a TPR in the best interests of the child.
Bottom line is you need an attorney to process the petition. So hire yourself an attorney and let them do their job.
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