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adawg · Jun 2, 2007, 02:19 AM

Hi! My wife has a nine year old daughter and I have been her father since she was about three. She believes I am her real father so far. The actual biological father has never met her, paid child support, or even know her name. He knew he was the father before she was born and chose to disappear. In the state of PA would this be seen as an unfit father and not require us to have his consent to me adopting her. Also we have been married 3 years.

Thanks in advance!

leilaa111 · Jun 2, 2007, 02:58 AM

I think by law they should contact him 2 let him no that this going 2 happen if they can't find him that will a good excuse for you guys but if they don't no his reasons so they must contact him and let him no hope it all goes good

LadyB · Jun 2, 2007, 05:20 AM

It's possible to petition for an involuntary TPR so you can then petition for adoption, but whether you are required to attempt contact via certified letter or publishing an announcement varies by jurisdiction. You should probably hire a family attorney to help you navigate this.

vlee · Jun 2, 2007, 08:29 AM

I am from PA. I do not believe you can legally adopt this child without the bio dad's consent unless his rights have been terminated by the courts. You will be forced to locate him and get consent. Are you afraid he will want to be a part of your daughter's life if you have to contact him? Have your attorney contact him and ask him to sign away his parental rights so you can adopt the child. He doesn't see her anyway, and this gets him off the hook for having to pay child support, which your wife could file for any old time. Best of luck.

Fr_Chuck · Jun 2, 2007, 09:03 AM

If the father can't be found ( the court will have rules on contact)

But let me explain, why are you not getting child support, how many times have you contacted child support enforcement, how many times have you taken him back to court to find him in contempt.

As for the child, please note even if you do adopt, she needs to know about it, waiting till she is 16 and she needs her birth certificate to get her drivers license is a bad time for her to find out you are not her bio dad.

It is possible that because he has not had any contact ( if he has been notified of where the child is, if the mother moved and did not notify him, that can be a defense for him also)

But basically the start will be a local attorney, who will send the bio father notification and see if he will sign, and then if he does not, you hit him hard for back child support, current child support, garnish his paycheck and more. ( then he may decide he can sign over his rights much easier)