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    Mama0811's Avatar
    Mama0811 Posts: 3, Reputation: 1
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    #1

    May 24, 2012, 08:50 PM
    Felony adoption
    I have a daughter and her dad is signing his rights over for her... Now I have a girlfriend that has raised my daughter since she was a few weeks old can my girlfriend adopt her? She also has a drug felony that she is currently on probation for... I live in Missouri and was wondering if a girl could adopt as her father and if her felony case would also prevent it!
    Mama0811's Avatar
    Mama0811 Posts: 3, Reputation: 1
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    #2

    May 24, 2012, 09:00 PM
    Signing over rights
    If my daughters dad wants to sign his rights do I have to get a lawyer and go to court if its voluntary? If I don't where could I go to get the papers for him to sign?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 25, 2012, 03:34 AM
    Where did you get the idea that he could sign over his rights? There are no papers for him to sign as a parent can't just sign over his rights. Sorry but you made the decision to have sex with this guy and now have to live with him in your lives because of that decision.

    There are thousands of threads here that discuss this issue including this one: https://www.askmehelpdesk.com/family...st-116098.html

    We get this question almost daily. The father does not have to exercise his rights if he doesn't choose to. He can never see the child if he wants it that way. But he should be held responsible, at least financially, for his child. Remember it was his decision to have sex too. So you should go to court for child support from him. If you need to apply for public assistance, the state will require you go for child support.

    I just found your other post and merged the two threads, please don't start multiple threads over the same issue.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 25, 2012, 03:39 AM
    Quote Originally Posted by Mama0811 View Post
    I have a daughter n her dad is signing his rights over for her... Now i have a girlfriend tht has raised my daughter since she was a few weeks old can my girlfriend adopt her? She also has a drug felony tht she is currently on probation for... I live in missouri and was wonderin if a girl could adopt as her father and if her felony case would also prevent it!
    So your girlfriend has been raising your daughter? Why? Its unlikely, with a felony, that a court would allow her to adopt. In fact, I'm surprised family services hasn't placed her in a foster home.
    Mama0811's Avatar
    Mama0811 Posts: 3, Reputation: 1
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    #5

    May 25, 2012, 07:55 PM
    Quote Originally Posted by ScottGem View Post
    So your girlfriend has been raising your daughter? Why? Its unlikely, with a felony, that a court would allow her to adopt. In fact, I'm surprised family services hasn't placed her in a foster home.
    Uh excuse me I take care of my daughter thank you very much there is no reason in this world my daughter should be put in a foster home... My daughter has never been mistreated or went without being taken care of... So what in this world makes I think that my daughter should be placed in a foster home?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 25, 2012, 08:54 PM
    You made it sound like your daughter was living in another home, not yours.

    So you are in a same sex relationship, and you want your same sex partner to adopt and be a second mommy ? Is that a better more clear way of saying what you want to do.

    Missouri does allow same sex couples adoption ( although they do not recognize same sex marriage or allow for couples to register as a couple.

    Currently same sex adoption has been upheld though Missouri lower courts and I did not see any current state supreme court cases on this right now.

    But I will be honest many Missouri family courts are not very gay or lesbian friendly ( from my reading tonight) so if they look into the other parties background they may not allow it.

    When the lawyer does the paper work, they will do papers for the father to sign over his rights. If the adoption does not go though, the father keeps his rights, his signing over rights only take effect at the time of adoption.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    May 26, 2012, 04:38 AM
    Quote Originally Posted by Mama0811 View Post
    So wat in this world makes I think tht my daughter should be placed in a foster home?
    You did. This is what you said:
    Quote Originally Posted by Mama0811 View Post
    i have a girlfriend tht has raised my daughter ... She also has a drug felony tht she is currently on probation for...
    You have allowed your daughter to be raised by someone with a criminal record for illegal drugs. You didn't indicate that you all lived together nor what else the situation was. I've seen many cases, where, when the police arrest someone for drug related crimes, any children involved are taken and placed in foster homes. This is regardless of how well cared for the children may be.

    Chuck did the research to answer your other question. The only way the father will be allowed to sign over his rights would be if the court agrees to let your partner adopt. And with a drug conviction AND it being a same sex adoption I would not think your chances are good.

    So Tuesday I would start shopping around for an attorney who can advise you of the chances and prepare the adoption petition.

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