How does a woman's husband, not the bio father of the baby, can he be forced to sign consent forms?

Question

I have adopted a baby final earlier this year, and the mother is pregnant again. She is married, and has gone 2 times to get a divorce, and has been pregnant both times, so she couldn't file. She wishes to place this baby with me also, however, her husband threatened my son, and I had to call the police on him. Now, it is doubtful that he'll sign consent forms, just to get her back. It's definately not his child, and he is a drunk and manipulative man. Is there a way to test DNA and adopt the baby that way with the bio dad's consent, or could he (husband) get the baby under the presumed father law (his only purpose would be to be mean to her and I truly believe the baby would be in danger!)?

Answer 1

Unless she is in the process of divorce at the time the baby is born, it doesn't matter whether it is biologically his baby or not.  You'll need his consent.  If she is in the process of divorce, there is some chance that a different determination could be made, but I don't know anything about prior court cases in your state to be sure.

Answer 2

Do the DNA test, my son's bio mom was married but husband was in jail when she got pregnant, pretty much not the dad.  The state did a DNA test and determined who the "father" was and we only needed to deal with him and not her husband.  Deal with an adoption att. and they can have everything taken care of and make sure procedure is followed.

Answer 3

I think that as long as they are married he is the legal father even if he is not. He would have to sign papers stating that he is NOT the father.

Answer 4

If a woman is married when she has a baby her husband is the legal father regardless if he is the biological father. There are many men in this country who have to pay child support to kids that aren’t biological theirs but are legally theirs because they were married to the mother at the time of the child’s birth. In some cases even doing a dna test proofing this man is not the biological father will not matter. So yes this woman husband would have to sign his rights away, but no one could force him. Perhaps he wouldn’t sign out of spite, thats always possible.  If you feel the baby would not be safe with him then they’d have to go through the whole process of proofing he was unfit and have the courts terminated his rights.

Answer 5

According to a booklet titled "Consent to Adoption Summary  of State Laws" by the federal government on putative father's rights by state:

In Arkansas, (Ann. code 9-9-206) , written consent must be obtained by "the father if he was married to the mother at the time the minor was conceived or any time thereafter..."

Here's a link:

http://www.childwelfare.gov/systemwide/l...

This website is a service of Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services.

http://www.childwelfare.gov/

Hope this information is useful.

Good luck ~ Bless you & your family!

ETA: Probably best to ask a family law attorney in Arkansas, perhaps?

ETA: While not true in every state, in some states, if the parents are married at the time a child is born, the husband is the legal father.  Just as in some states, you can't put the father's name of the  birth certificate unless you're married to him.

Answer 6

I'm not sure about Arkansa, but I would believe it can be proved he is NOT the father, and the real father can be proved, the man wouldn't have any say.  Don't quote me on that. You should look into this matter with Legal Aid

Answer 7

Regardless of how it turns out with him...if he's still being a dink or not, unless he is able and willing to care for the child himself the courts can still act in the best interest of the child, especially if they feel he is just being vindictive.  It's going to be a messy one though.  Good luck.