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littlemommy2103 · Dec 1, 2007, 05:01 PM

I have a 3 yr old daughter and have bene mariied for 2 years. Her dad has nothing to do with her and hasn't since she was 5 months. Every once in a while hell try to make contact and then he just stops. He has never paid child support. Legally does he have any rights. My husband and her only father wants to know if he can adopt her. Can anyone help me

s_cianci · Dec 1, 2007, 05:15 PM

Has he ever been proven to be the father? If not, then he really has no rights until if and when paternity is proven. If he has, then he has all the rights that any father would have. If your husband wants to adopt your daughter then he'll have to file a motion in Family Court. You'll have to notify the biological father and give him the opportunity to consent to or contest the adoption. If his whereabouts are unknown then you'll still have to make a good faith attempt to locate him and demonstrate to the court that you've done so. Then, if you still cannot locate him, the adoption can proceed without his consent.

shygrneyzs · Dec 1, 2007, 05:17 PM

You need to contact an attorney who works in Family Law about your husband adopting your daughter. Your daughter's father will need to be notified about the pending adoption and he can give his permission and his rights terminated. It has to be done legal and via the courts. You will need an attorney.

You ask if the biological father has any rights - he has always had those rights, he has not chosen to exercise them. He has had responsibilities too and chosen to ignore them. If he would protest about the adoption, the hit him with the past, current, and a future of child support. It might change his mind.

BABRAM · Dec 1, 2007, 05:28 PM

Really not my area of expertise, outside of having worked for a law firm decades ago in billing and filing, but I'm fairly certain that you first need to build a case for the courts. If I were you I would file for child support. If the sperm donor is unable to make payments and shows little or no interest then you can have it documented. Courts don't work off hearsay that's why having the evidence is good. If the sperm donor continues to make excuses or shows a lack of interest in the child's well being than you might want to speak to him about giving up his rights or have your lawyer do so. Sometimes the deadbeat biological parent when made to see themselves for being irresponsible will just fold their cards and give up the rights, with less of a fight. G-d bless you in your efforts.

Bobby