I have an exgirlfriend who I have a 3 yr old son with and when we met she had a 2 1/2 yr old daughter, she is now 9 yrs old. We were together for five and a bit years. It was not the best relationship and I have since found an amazing woman.
My question is, How do I legally adopt my step daughter? Her bio father has been out of the picture for almost all her life. Her mother has sole custody but he has joint guardianship. I know of three instances when we were together of him trying to get involved but then backs out and we never hear anything again. I have stepped in since she was three as her father and I want to adopt her so I can take her on trips out of the province or the country.

The birth father needs to consent to the adoption. Often it sounds like a good idea to him because he no longer has to pay support.

Well he does not pay support. I have been paying up port or my son for three years an have been adding extra $ for my step daughter. I have no idea where her bio father lives or if he is even still alive.

The Court will allow you to publish the adoption notice in certain newspapers using certain wording.

You need to start the adoption process first.

You can also use a Private Investigator to locate him.

Ok. That's doable. But how do I start the adoption process? Why documents do I need to fill out and apply to the courts?

I wouldn't attempt it without an Attorney - and, honestly, I'm not just putting money in an Attorney's pocket. This is a serious, life changing (obviously) legal process and you want to make sure it's all legal and covered, particularly if the birth father is "missing in action."

You want the child to be protected if/when the father ever shows up.

Ok, so I have learned that this issue is not going to be resolved overnight. So my next question is. Am I legally allowed to take my stepdaughter (without being legally adopted by me yet) on a vacation to Ontario with just her mother's permission? Her father, like I said before has had nothing to do with her for many years. And if I am allowed to take her to Ontario with her mother permission only, am I also allowed to take her into the states? She doesn't have a passport yet but that's my next question, can she get a passport without her boi father signing it?

Thanks

Into the States, no, not unless things have changed drastically. I'm ex-Homeland Security/US Customs and the US Government wants to be POSITIVE that you have the permission of both parents to travel with a child, across the border.

I don't know why you couldn't go from Province to Province with the child - unless you are intending to fly, which COULD but might not present a problem. If you drive, you don't go through Customs. I don't see the problem there.

Can YOU legally take her anywhere without her mother? She is a legal stranger to you so I don't think I'd attempt it.

Well I would be taking my SD and my son, whom both live with their mother .I have a new girlfriend and we all would be flying to ontario, but if allowed would be driving to the states.

I don't think you'll get into the US - you can call ahead and ask but I very much doubt it, not without a passport for her, not without TWO signed parental permissions.

I don't know about travel within Canada.

OK, is there a way I can talk to someone on this site who is familiar with travel in canada, and the laws of such things?

Let's see if someone posts OR call any travel agency.

Quote:

---

Originally Posted by trentmorris

Ok, so i have learned that this issue is not going to be resolved overnight. so my next question is. Am I legally allowed to take my stepdaughter (without being legally adopted by me yet) on a vacation to Ontario with just her mother's permission? her father, like i said before has had nothing to do with her for many years. and if I am allowed to take her to Ontario with her mother permission only, am I also allowed to take her into the states? she doesnt have a passport yet but thats my next question, can she get a passport without her boi father signing it?

Thanks

---

I live in Alberta. I'm not a legal expert.

I do have a friend going through something similar. She is married, and has a step daughter. Her husband pays support to his child, and has 50/50 custody. Over a year ago they planned a vacation to Mexico. They discussed it with the birth mother, and all was okay, so they booked the trip.

Now, a week before the trip, they're in court because the mother has decided that she doesn't want the child to go to Mexico.

Without consent from the bio mom, they can't take the child with them.

Your girlfriend needs to find the bio dad. She at least has to put in the effort to find him. If he agrees, you can adopt, and then you can travel anywhere you want.

But, as per my understanding, without the consent of the bio dad, you can't get a passport, and you can't take the child anywhere. But again, I'm not a legal expert. I just have a friend going through something similar.

Child and Family Services Act

R.S.O. 1990, CHAPTER C.11
Consent of parent, etc.

(2) An order for the adoption of a child who is less than sixteen years of age, or is sixteen years of age or more but has not withdrawn from parental control, shall not be made without,

(a) the written consent of every parent;

Family adoption

(2)The court may make an order for the adoption of a child, in the child's best interests, on the application of,

(a) a relative of the child;

(b) the child's parent; or

(c) the spouse of the child's parent.

Quote:

---

Originally Posted by trentmorris

I have an exgirlfriend who I have a 3 yr old son with and when we met she had a 2 1/2 yr old daughter, she is now 9 yrs old. We were together for five and a bit years. it was not the best relationship and i have since found an amazing woman.
My question is, How do I legally adopt my step daughter? her bio father has been out of the picture for almost all her life. Her mother has sole custody but he has joint guardianship. I know of three instances when we were together of him trying to get involved but then backs out and we never hear anything again. I have stepped in since she was three as her father and I want to adopt her so i can take her on trips out of the province or the country.

---

You have never had any legal relationship to the mother / married to the mother or having common law relationship.. / thus you CANNOT apply for step parent adoption.

Quote:

---

Originally Posted by GV70

You have never had any legal relationship to the mother / married to the mother or having common law relationship../ thus you CANNOT apply for step parent adoption.

---

I thought he was married to the mother - but, then, I think a lot of things...

SO GOOD to see you on the Boards - always a pleasure...