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    hnbwilson1's Avatar
    hnbwilson1 Posts: 5, Reputation: 1
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    #1

    Feb 15, 2013, 07:41 PM
    Adoption
    My daughter is 7 yrs old - her biological father has been absent for the past 6 yrs. She believes her step-father is her dad and knows nothing about her biological father. We want my husband to be able to adopt her but he is currently incarsarated. Is this possible with him being in prision?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Feb 15, 2013, 07:46 PM
    Not likely to happen while he is in prison. Wait until he gets out and then think about it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 15, 2013, 08:41 PM
    Your husband is in jail or the bio father? Yes if your husband is in jail, then yes, wait until he is out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Feb 15, 2013, 08:49 PM
    First the child needs to know that the husband is not her father. This should have been done long before 7 years old. When she finds out, if she is older, she may have real issues with it. Being lied to.

    Next if the bio father is in prison, yes you can file in court, note the child will be in court and may even be questioned by the judge, so she had better know what is going on.

    The bio father has a right to object and be heard in court.
    hnbwilson1's Avatar
    hnbwilson1 Posts: 5, Reputation: 1
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    #5

    Feb 15, 2013, 09:02 PM
    Quote Originally Posted by Fr_Chuck View Post
    First the child needs to know that the husband is not her father. this should have been done long before 7 years old. When she finds out, if she is older, she may have real issues with it. being lied to.

    Next if the bio father is in prison, yes you can file in court, note the child will be in court and may even be questioned by the judge, so she had better know what is going on.

    The bio father has a right to object and be heard in court.
    With her only being 7 yrs old it is kind of hard to explain it for her to understand. She knows that another man exsist but she doesn't understand that her "daddy" isn't her biological father so as far as being lied to - that isn't the case.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 16, 2013, 02:20 AM
    I tend to agree with Chuck, 7 should be old enough to understand. Though you know your child better than we do. Maybe she isn't mature enough to understand, but most 7 yr olds should be.

    Definitely she needs to be involved once you start the adoption process.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Feb 16, 2013, 07:30 AM
    Quote Originally Posted by hnbwilson1 View Post
    With her only being 7 yrs old it is kind of hard to explain it for her to understand. She knows that another man exsist but she doesnt understand that her "daddy" isnt her biological father so as far as being lied to - that isnt the case.
    Explain it to her in words sort of like this:

    "When you were born, I was living with another man. He and I made you. You were born. But then that other man went away.

    Then, your Daddy and I met. We fell in love and decided to get married. ..."

    But, as I said earlier, before adopting, it would be best to wait until your husband is out of prision and your domestic situation is re-established.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Feb 16, 2013, 07:42 AM
    One other point, if you have trouble figuring out how to explain it, I suggest a trip to your local library. Your librarian can help you find books on this subject.

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