[dntsc]

My daughter and I moved from AZ (where she was born) in 2009 when she was 8 months old, we now live in Tennessee. I am now married and have been since Feb 2011. My daughter, now 3, calls my husband Daddy and remembers nothing of her biological father and he was in her life the first four weeks of her life and from 4 months to 8 months (at 8 months old her father was arrested for warrants and I left)

The biological father has an outstanding felony warrant, is on the run from the police, does drugs (crack, coke and weed), drinks heavily, physically abused me before, during and after pregnancy and is constantly moving from place to place within the Phoenix, AZ area. I have not known where he was living since early 2010.

Do my husband and I have to be represented by a lawyer for him to adopt? Do I have grounds for an abandonment case? (he has had my number since I moved from AZ and I updated my phone number with him in 2010. He does not call or ask for pictures)

He said at one point he would sign her over but he is a bipolar druggy and at this point I have no clue how to reach him since he does not call. Please help me because my daughter's biological father could take her away and any situation with him would be unsafe for her. He had threatened to kill me if I ever left with her and that he would take her away and none of my family would ever see her again. My husband, his family, me and my family is all she knows!

[JudyKayTee]

I wouldn't even attempt this without an Attorney. Two different States are involved, and that can be a complication. Are there ANY custody (or support) Orders in place?

In order to adopt you need permission from the biological father. That can be done by publication (with the Court's approval) but I suspect an investigator could find him.

I'm confused by your "could take her away" statement. He threatened to kill you if you left AZ with her (and you left in 2009) and you never pursued that threat or custody?

At any rate, you need an Attorney in TN who will work with an Attorney in AZ.

This sounds like a horrible, frightening situation - was he a druggie, bipolar, heavy drinker before you got pregnant?

[ma0641]

Your current husband cannot adopt since the birth parent is still her father, on the birth certificate I would presume, and has not signed away his rights. It is very unfortunate how these things develop but by law, he is still her the father. You should check with the local court to see what further action can be taken. Druggy, felony etc has limited bearing unless the court sees fit to proceed in any other way.

[AK lawyer]

...
In order to adopt you need permission from the biological father. That can be done by publication (with the Court's approval) but I suspect an investigator could find him

....

At any rate, you need an Attorney in TN who will work with an Attorney in AZ ....

Permission, or at least notice to the bio-dad. Most states have some sort of procedure for dispensing with permission, if he has "abandoned" the child. But he probably still needs to be given notice. Check with a Tennessee attorney to find out exactly what needs to be done.

I don't know that an Arizona attorney will be necessary.

Your current husband cannot adopt since the birth parent is still her father, on the birth certificate I would presume, and has not signed away his rights. It is very unfortunate how these things develope but by law, he is still her the father. You should check with the local court to see what further action can be taken. Druggy, felony etc has limited bearing unless the court sees fit to proceed in any other way.

Unless there is something very peculiar about Tennessee adopiton law (highly unlikely), I think this is very incorrect.

[JudyKayTee]

Permission, or at least notice to the bio-dad. Most states have some sort of procedure for dispensing with permission, if he has "abandoned" the child. But he probably still needs to be given notice. Check with a Tennessee attorney to find out exactly what needs to be done.

I don't know that an Arizona attorney will be necessary.

Unless there is something very peculiar about Tennessee adopiton law (highly unlikely), I think this is very incorrect.

I should have said notification - if he's notified and doesn't respond within the time frame he's "consented." I criticize other people who read into questions BUT if the bio father wants to make an argument here I see that to be that the OP is the one who left the State (AZ) and he doesn't know where she and the child are. Again, reading into it.

That's why an AZ Attorney might be necessary.