Ask Experts Questions for FREE Help !
Ask
    Julia Bland's Avatar
    Julia Bland Posts: 1, Reputation: 1
    New Member
     
    #1

    Jun 27, 2012, 06:48 PM
    How can my husband adopt my daughter
    Ok I need help.. My Daughter is 2 years old and My husband is the only father she has ever Known.. Her real father is in prison and will be until she is 17.. And is not on her Birth Cirtificate. So dose he have the right to stop my husband from adopting her?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jun 27, 2012, 06:53 PM
    First it is great that she has someone in her life that will be there. Next no matter what happens in court, in her heart, he will always be the father.

    Yes the bio father has rights, and prison for the bio father as a reason depends on where you live, in some places it is a listed reason, in others you will have to prove it is for the child's benefit, while that should be easy, it still has to be proven

    So the first thing your attorney will do is try and just have the bio father sign over his rights, to allow the adoption, this will be easier, faster and cheaper. If not, the attorney will file to force the rights of the bio father be taken away to allow the adoption.

    It should be possible with such a long prison sentence, but it will still have to be done though court.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
    Uber Member
     
    #3

    Jun 27, 2012, 06:56 PM
    Quote Originally Posted by Julia Bland View Post
    Ok I need help.. My Daughter is 2 years old and My husband is the only father she has ever Known.. Her real father is in prison and will be untill she is 17.. And is not on her Birth Cirtificate. So dose he have the right to stop my husband from adopting her?
    Sure he can... he is after all the genetic father. And has rights equal to yours... meaning its going to take a legal case and that means money.

    He might be willing to allow it to happen if offered the right enticement. That would be the easiest way to accomplish what you desire without an expensive legal fight.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Jun 27, 2012, 07:11 PM
    Before granting an adoption a court will require that the bio father be identified and that he be requested to voluntarily relinquish his rights.

    However, given the circumstances, if he refuses, I suspect the court will still issue a TPR in the best interests of the child.

    Bottom line is you need an attorney to process the petition. So hire yourself an attorney and let them do their job.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

My husband wants to adopt my daughter [ 2 Answers ]

My ex and I were never married and we have a daughter. He has never been in her life and cares nothing for her. My husband wants to adopt my daughter and I would like to know if we have to have my ex's permission? And my daughter was never legitimized. Georgia

My daughter is 19 but my husband wants to adopt her. [ 1 Answers ]

My daughter is 19. She has not seen her father since she was 1 and a half. She has never had a father figure. Even though she is 19 she would still like to have a "dad" can my husband adopt her at this age still and what costs would be associated. I left the name blank on the birth...

My husband wants to adopt my daughter [ 1 Answers ]

My daughter is 5 and my husband has been her father since she was 2. her real father is on the run from the law and hasn't seen her in a couple of years. He is on the birth certificate but does not pay child support or has no part of her life. How do my husband and I go about him adopting her?Keep...

My Husband wants to adopt my daughter. [ 1 Answers ]

I had my daughter out of marriage and her father has only seen her once he is not in the birth certificate but she has his last name. He has been in and out in jail and would get deported once he gets out he is illegal here we have no contact with him at all. Now I have been married for 3 yrs and...

For my husband to adopt my daughter [ 2 Answers ]

I would like my husband to adopt my 4 yr old daughter, her real father doesn't pay me goes in and out of her life shows up one day to see her then goes months without calling or coming around, and has been in and out of jail has a voilet past, drinks, in and out of jobs and where he lives no...


View more questions Search