My 6 year old daughters biological father has not contacted me to see my daughter since June of 2008, I received 2 child support payments in 2010 (before those payments the last payment was in early 2008). My husband and I have been together since she was a year old (she refers to him as daddy). She knows about her biological father, I stay in close contact with the mother of her half sisters and they get to see each other often. I even stay in contact with her biological grandmother and aunt and take her to visit them. How likely is it that the court would grant adoption without the biological fathers consent? He wants nothing to do with her, however, he would not willingly give up his rights for my husband to adopt her.

The court will not grant adoption without the father's consent.

If he won't willingly give up his rights, it might be best that you let him know that he will be off the hook for future child support should he sign off. He will be responsible for back support if it is ordered though.

So there is no way that the court would grant the adoption without his consent even when he has not had any contact with her in nearly 5 years (his choice not mine... I've kept the same contact number this whole time), and is well over $10k behind in support? He has three older daughters whom he has regular contact and visits with. I do not want ANY of his money, I just want him legally out of her life since he has chosen to be physically out of it.

You received support payments in 2010. That's enough for the court.

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How likely is it that the court would grant adoption without the biological fathers consent? He wants nothing to do with her, however, he would not willingly give up his rights for my husband to adopt her.

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Then try to terminate his parental rights.After that his consent will not be required.

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Originally Posted by J_9

You received support payments in 2010. That's enough for the court.

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$88 in 5 years is enough for the court? I knew there was a reason I have no faith in our legal system. Thanks for your answers :)

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$88 in 5 years is enough for the court? I knew there was a reason I have no faith in our legal system. Thanks for your answers

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No, it is not enough for the court.The laws vary from state to state but non-support of a child is a ground for termination of parental rights and even is seen as crime n Georgia

You need to be putting pressure on him for money, seen if you can get criminal charges, see if you can get drivers license taken away ( every US state has different laws on it)

But no, unless he agrees, it is very doubtful the court will allow it.

He is much more willing to sign if his life is bothered by being forced to pay

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Originally Posted by J_9

The court will not grant adoption without the father's consent. ...

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Incorrect. That is not a general rule.

What state or country are we talking about?

Courts are generally charged with ruling on the best interests of the child. So its not impossible that they won't grant one. You need to consult a local attorney who can advise you about the local courts and help you prepare a case. It won't be easy to override a father's rights but it is possible.