[fallinangel]

My daughter just turn six, and she has never met her father. As he is not willing to come see her, I have been trying to call him so she can talk to him. (as this only started when she was 4 yrs old) her father is not on the birth certificate and she has my last name, but is paying child support of only $27 a month. Do I have to ask him before my partner can adopt my daughter?

[Synnen]

Yup, sure do.

You see--even if he's not USING his rights, he HAS rights. If you could just terminate them based on what YOU think is bad parenting... well, that becomes a slippery slope to me taking your kids to raise because I OBVIOUSLY love them more and you're OBVIOUSLY a bad parent and I have a better lawyer so you lose.

Parental rights are protected specifically so that those people that do not want to lose them have every chance to keep them.

If he agrees, support would stop with the adoption, and he may agree because of that.

If the amount is low for child support---well, why haven't you gone for a modification?

If he will not agree to an adoption, you can then go after more support.

You MAY be able to prove that it's in your child's best interests for the adoption to happen, but you will need a good lawyer to do so.

If he's not using his rights, then why would he object to relinquishing them for an adoption?

[AK lawyer]

And if you mean a step-parent adoption (adoption in which you would continue to be the mother), your "partner" cannot adopt unless he/she is married to you.

[Fr_Chuck]

Partner? Is this a same-sex relationship? Sorry but that is the common term, or do you mean boyfriend (you are not married)? In many places in the US, you will have to be married and married about one year before he can adopt. And yes, you will need the bio-father's permission for the adoption.