[jennymerc76]

I have a 9 yr old daughter who has not seen her bioligical father in nearly 3 yrs. Nor has he contacted her through this time in anyway. I am lucky if I see child support payments once a yr.
My question is, if he willingly relinguishes parental rights, will it still be up to the judge to do so?
There has never been a custody battle, so I don't know if I even have custody of her.
I was trying to look up Alaska laws on child abondenment, but I cannot find anything specific. Just feel lost, and don't know how to get this started. Please help!!

[RichardBondMan]

Let me give you a personal example of my own... the experience of adopting my wife's first and only child in the State of Alabama... the wife's daughter (now my daugh by adoption) was two yrs old when my wife and I married... natural father had seen the child only a couple of times, paid little or no child support as mandated by the divorce decree... by the daughter's age 6 or 7, the biological father was approx $20,000. In arrears in child support and other support he was to have paid. Never did we deny right to see child... he never asked... could have found out where we lived... never attempted to keep child from father... hired attorney who was next door neighbor... who sent father a letter requesting he sign parental consent to my adopting his daugh AND sign agreement that wife would not pursue him for the $20,000.00.. He signed consent, wife gave up the $20,000.00. Atty took consent form, agreement to court, Judge gave me his daughter. Laws vary state to state, I do not know what the law is in Alaska.. am not an attorney but it's my understanding that your child's biological father must sign consent no matter how much he has not paid. I assume you situation is similar to mine in that there is someone who wishes to adopt you daughter ? If so, I believe the Alaska court would give more weight to petition for adoption if you were somehow married to him, I would think preferably legally married (and for some period of time) or at least common law. This is where you need the services of an atty. But hope my insights helped you.

[jennymerc76]

Let me give you a personal example of my own.... the experience of adopting my wife's first and only child in the State of Alabama... the wife's daughter (now my daugh by adoption) was two yrs old when my wife and I married... natural father had seen the child only a couple of times, paid little or no child support as mandated by the divorce decree... by the daughter's age 6 or 7, the biological father was approx $20,000. in arrears in child support and other support he was to have paid. Never did we deny right to see child.... he never asked.... could have found out where we lived.... never attempted to keep child from father..... hired attorney who was next door neighbor.... who sent father a letter requesting he sign parental consent to my adopting his daugh AND sign agreement that wife would not persue him for the $20,000.00.. He signed consent, wife gave up the $20,000.00. Atty took consent form, agreement to court, Judge gave me his daughter. Laws vary state to state, I do not know what the law is in Alaska.. am not an attorney but it's my understanding that your child's biological father must sign consent no matter how much he has not paid. I assume you situation is similar to mine in that there is someone who wishes to adopt you daughter ? If so, I believe the Alaska court would give more weight to petition for adoption if you were somehow married to him, I would think preferably legally married (and for some period of time) or at least common law. This is where you need the services of an atty. But hope my insights helped you.

That was very helpful. My husband has fathered her since she was 4, and we have been married for 3 yrs. But we have b een together for 6 yrs now. Does that help?

[jennymerc76]

Yes, this helped me a lot. Me and my husband have been together for 6 yrs, but married for 3.

[RichardBondMan]

Jenny, yes, in my opinion, being married and being together for 3 yrs certainly helps strengthen your case or should I say you husband's case when he petitions the court for adoption. I would take these docs to an atty - 1) copy of divorce decree if you were married to the natural father, if not, then copy of your child's birth certificate showing he is the biological father 2) copy of any docs where you and your current spouse entered into joint agreements, i.e.. Real estate rental or mortgage documents, etc. to show some evidence you have made joint decisions and for how long 3) proof of non support, i.e. you stated "child support" so I assume some court orderd he pay and how much and when... so show the atty what has not been paid per the court's orders, everything else too such as your child's medical bills that perhaps he was supposed to pay and didn't. Most important is not the documents but just at least get started by contacting an atty so he / she can guide you. It's too important to not have an atty and perhaps even required by Alaska law that you and your daugh have representation. Just too important.