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psrbapy · Sep 16, 2009, 12:27 AM

My fiancé wants to adopt my daughter. I know we have to be married before he can do so but I just want to know how to start this process. Her bio father has a huge record been to jail over 10 times for stealing drugs wrecks and also DWI ++more. He's 25 lives with his mom and can't keep a job. He has only paid like $20 and bought a box of diapers since she has been born. She's now 11months. He isn't there for her but is prideful and says he's not going to sign his rights over to another man. Myfiance is there for her 24/7 she calls him daddy. She knows him and is very comfortable with him. He takes care of her always loves her supports her has a home/own room waiting for her. Great leader and influence. I pray that the judge sees that the man she will call daddy is a great thing and is best for her and favor in my side.I also know I have to get a lawyer to help this case. But what is most likely to happen? Any opinion is welcome this is very frustrating please pray for my family that watever may happen its for the best! Thank you all.

artlady · Sep 16, 2009, 01:17 AM

Since he does not sound very interested in supporting your daughter he might be encouraged to allow for the adoption if he knows once she is adopted he will be absolved of any financial responsibility.
In the meantime I would take him to court for child support.
An adoption can not be forced because he is a bad father.He has to agree.

ScottGem · Sep 16, 2009, 03:08 AM

First, please pay more attention to posting guidelines. There is a READ FIRST sticky at the top of the Adoption forum (where this was moved from) that directs questions of a legal nature to this forum.

You start by consulting an attorney. You will need an attorney to prepare the adoption petition. By consulting an attorney now, you can lay the groundwork for getting the bio father's rights terminated. The attorney will advise you what documentation you need to get to prove the bio father is unfit.

Generally, its very hard to get an involuntary TPR. The bio father doesn't seem to care about going to jail, he doesn't earn any money to be forced to pay support. So your leverage to get him to relinquish his rights is small. So you really need to document your case well. But, I believe, if you present a case where the bio father can be shown to be a bad influence and providing no support vs a husband willing to adopt, the adoption will be allowed. But youy have to present the case properly and that's where an attorney comes in.