[cmm034]

Hi my daughter has not seen her dad since she was 2. she is now nearly 7 he has parental rights as we were married but I don't know if he is my daughters dad as we split up and I went back to an ex I am now married and my husband has been bringing up my daughter since she was 2 she calls him daddy and my husband would like to adopt her but I know that her dad will not sign her over. It was a violent relationship and he nearly killed me in 2004 and has been in and out of prison due to violence against womon I have a 10 year restraining order plus a residency order for my daughter

[ScottGem]

If you have a restraining order against him there is a good chance you can get his rights terminated. Generally, a TPR will be granted in one of two incidences; 1) to clear the way for an adoption and 2) if the parent represents a danger to the child. You have both covered.

Consult with a Family Law attorney. They will prepare the adoption papers and the Termination.

[div2wice]

I think you'll need to find out whether your ex (not the one who you have a RO against) but the one you went back to is the father. That ex will have to take a DNA test. Once its determined that the husband you have the RO against, then you should not have any issue getting him to give up the rights because of his history with you. You will need to get a lawyer, provide him with your history and all the paperwork in regards to the RO and go from there.
Good Luck,

[Fr_Chuck]

Ok, several things, first get that DNA test and find out who the father is, if he is not even the legal father that will change many things. Next of course in many states if the father has been in and out of prison that is grounds to take their rights away