Can my husband adopt my daughter after the biological father left before she was born?

Question

My husband has been in my daughters life since she was three months. Her biological father had nothing to do with me when I was pregnant and has never contacted us and she is now 3 1/2 years old. Recently I found out he wants to get a paternity test and possible visitation. Does he have that right since he basically abandoned us? And how hard is it to go through the adoption process? What do I do? I am in the state of KS and I know everywhere is different. Can someone please help me with some answers. Thanks

Answer 1

You would have to get him to sign his rights over..

Yea even though he has not been around all he has to do is go to court, prove he is the father, start paying child support and see your daughter unless you can prove him so unfit.

Make him a deal: Sign over your rights and i will not make them back up the last threee years on child support and he will never have to pay child support again if your husband adopts her.

Answer 2

You need to consult a lawyer who specializes in family law in your state to know what can be done.

Do you have any idea why this man wants to get involved after 3 1/2 years? If he is determined to be the biological father, is he willing to pay the 3 1/2 years child support and other costs?  

If you were divorced and awarded custody of a child, your next husband can usually adopt your children, again you need to contact a lawyer.

You would be well advised to keep your daughter away from this man until you have answers based on the laws of your state.

Answer 3

stuff like this happens alot in the uk it should be quite easy to have you husband adopt your kid and your kids dad might be able to see her on weekeds or somthing in england you have to go to court to do it but as you said everywheres different  good luck

Answer 4

I know there is such thing as an abandonment law and that if the father ( or mother) hasn't seen the  child or made a child support payment in over a year then that is grounds for abandonment....but since he has tried to contact you and has tried to get visitation I'm not sure where you stand but it would sure be worth it to get a lawyer it sounds like her father is just now deciding to be a man and its too late....

Answer 5

If the biological father is listed on the birth certificate then he would have to sign over his rights as a parent before your husband could legally adopt your daughter. If the father wants visitation etc...then he needs to be paying child support as well.

Answer 6

Yes he does have that right to contact the child, He would just have back child support to pay. The only way your new husband can adopt is with the father's permission.  

Contact a lawyer find out your rights. Remember the father has just as much rights as well. If he has changed and wants to be a father, he has that right to do that.