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    singlejew's Avatar
    singlejew Posts: 3, Reputation: 1
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    #1

    Jun 27, 2011, 06:36 AM
    How long before my husband can adopt my daughter?
    Its been 4 yrs since her biological father has seen her and out of the blue, he's now asking to see her. He has never made any attemps before and now that we are happy again he's interested in seeing her. He is a drug addict, and has never made any financial contributions ( even in the 1 1/2 yrs he was involved in our life). He was physically abusif to me and I refuse to let him see her. What can I do?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 27, 2011, 06:41 AM

    Continue to refuse to let him see her. If he wants to see her he can take you to Court and request visitation/custody. Do you have a support order?

    When you go to Court you PROVE that he is a danger to the child. If he didn't support her because there is no support order you cannot use that against him.

    Has there been DNA testing to prove paternity?

    Was he a drug addict when she was conceived?

    Why is this entitled "Can my husband adopt my daughter"? He cannot without the biological father's written consent.
    singlejew's Avatar
    singlejew Posts: 3, Reputation: 1
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    #3

    Jun 27, 2011, 07:11 AM
    Hi,

    When my fiancé and I get married next month, he would love to adopt my daughter. He has been her father from the first day we've been together. My daughter was only 2 when her biological father was pulled away in handcufs for being physically abusif to me. There is no order done, at the time the papers were drawn up, he delayed because he didn't agree, and then they just never got sign. I know that if I asked politely for him to give up he's rights, he'll be spiteful and refuse. Now that my daughter is 7 and knows only my husband-to-be as her dad, I would like to know what/how to start the process of him ( husband-to-be) being able to adopt her. Thank you for the help :) Any advice is welcome...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 27, 2011, 07:50 AM

    Again - you can do NOTHING without the written consent of the birth father.

    Most States require the parties to be in a marriage for one year so your fiancé would not qualify to adopt her even if you had her birth father's consent.
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #5

    Jul 5, 2011, 09:32 AM
    Just an addition: if dad is trying to be involved in her life, and he has actually cleaned up on his act, there is almost no chance that a court would involuntarily terminate his rights. They may frown at you for fighting the visitation so hard though.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 5, 2011, 09:41 AM

    Any question on law needs to include your general locale as laws vary by area. So we cannot tell you how long your fiancée will have to wait to adopt. But he will not be allowed to adopt without the bio father's rights being terminated. And that will be difficult to do.

    You will need an attorney to prepare the adoption petition. So I would start shopping for an attorney now. The attorney can help you prepare.
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