Ask Me Help Desk - Adopting a stepchild

I would like to know under what circumstances will the court award my husband custody of our daughter. My daughter is 8 years old and I have been married for 7 years now. My husband has raised her and wants to adopt her. My daughters biological father physically abused me resulting in him serving jail time while I was pregnant with my daughter. I left the relationship and looked up his record recently and saw he has a felony for domestic abuse for his third assault. He is paying child support ( maybe $200) a year. He does not see my daughter and contacts her about once every two months. He refuses to sign his rights and I would like to know if he can still be eligible to lose custody for his record and for him not being involved in my daughters life. He has not held a job for more than 3 months in the last 8 years, still lives with his parents, and smokes weed. My husband has a clear record, is serving the military, and is stable. Will the military law help us with this ?

His visiting or not visiting has little to do with it, his owing child support is a sign that you are not taking him back for enforcement, but will not effect custody cases normally either.

His prison sentence and arrests may have a bearing.

His "smoking pot" can not e proved and has no bearing. If could be proved, then it may.

If he will not sign over rights for adoption it will be hard, if even possible.

My suggestion, start getting the money, go back to court, get garnishmetn of his pay, of his ank accounts. Start takng imn ack to court for failure to pay, get child support enforcement after him. Often then he will e more willing to pay.

You NEED an attorney to process the adoption petition. A local attorney will know the mood of the courts as to whether they will award an adoption without the bio father's consent. I think you stand a good chance. It would be better to more heavily pursue the father for support to convince him to relinquish his rights.

However, it seems you are confusing custody and adoption. They are different.

Quote:

... My husband has a clear record, is serving the military, and is stable. Will the military law help us with this ?

Military law has nothing to do with it. I assume, however, you mean military lawyers. Contact the JAG office attached to your husband's duty station and ask. Maybe.