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    need some answers Posts: 1, Reputation: 1
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    #1

    Sep 22, 2007, 12:26 AM
    Step parent adoption
    My wonderful husband of 2 years wants to adopt my daughter who is almost six. My child was born out of wedlock and the father is on the birth certificate and just started paying child support this year (which is court ordered and was supposed to be paying for 3 years). If her father has never been to court to establish rights will it be easier for my husband to adopt my daughter? Does it also help me in my case that he has another child that he doesn't pay support for and never sees? I don't know if he would willingly let me husband adopt her. He does see her some but rarely ever and hardly ever calls her.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Sep 22, 2007, 12:45 AM
    Hi,
    The step-parent adoption is hard to be done without the consent of the other parent.Your child's father is on her BC,he pays child support/the condition is he not to pay a dime one year prior to the motion/,he has another child but the judge may or maynot be interested in it.If he does not like to sign over his rights you will have to terminate his parental rights.
    For grounds for TPR have a look here:

    https://www.askmehelpdesk.com/family...ad-132251.html
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Sep 22, 2007, 06:48 AM
    The only thing that will make it easier for your husband to adopt would be for the bio father to relinquish his parental rights. Since, the adoption would relieve him of any responsibility for child support, I would think he would be willing to relinquish to clear the way for the adoption.
    crazyterri's Avatar
    crazyterri Posts: 9, Reputation: 1
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    #4

    Sep 23, 2007, 05:51 AM
    Quote Originally Posted by need some answers
    My wonderful husband of 2 years wants to adopt my daughter who is almost six. My child was born out of wedlock and the father is on the birth certificate and just started paying child support this year (which is court ordered and was supposed to be paying for 3 years). If her father has never been to court to establish rights will it be easier for my husband to adopt my daughter? Does it also help me in my case that he has another child that he doesnt pay support for and never sees? I dont know if he would willingly let me husband adopt her. He does see her some but rarely ever and hardly ever calls her.
    he just has to sign over his rights in front of a notary like I ____________ sighn ob=ver all rights to said child ____________ one date and then you have to file adoption papers then wait for a court date. Going through the sam thing. Looking for adopion paper now
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Sep 23, 2007, 07:05 AM
    Quote Originally Posted by crazyterri
    he just has to sign over his rights in front of a notary like I ____________ sighn ob=ver all rights to said child ____________ one date and then you have to file adoption papers then wait for a court date. going throught the sam thing. looking for adopion paper now
    That may have worked in your area, but its NOT universal. Generally, a judge will want the father to appear to make sure they agree.
    FeelSoNumbZombie's Avatar
    FeelSoNumbZombie Posts: 129, Reputation: 10
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    #6

    Sep 30, 2007, 04:06 AM
    Need,
    Apparently, money is the issue with this father. If he is presented with a plan for relinquishment of financial responsibility, he will sign his rights away for that child. But, he is trying to pay, so you might have a problem. And he is trying to see the child. Talk with him and see what his wishes are. It maybe a simple signature of relinquishment.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #7

    Sep 30, 2007, 06:45 AM
    He'll have to give his consent for the adoption to proceed. If he doesn't want to voluntarily give up his rights then your husband won't be able to adopt.

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