How hard is it for my husband to adopt my daughter if her biological father doesn't agree to sign the papers

Question

How hard is it for my husband to adopt my daughter if her biological father doesn't agree to sign the papers

Answer 1

can not be done, and should not be done, if he does not want to give up his rights as dad he does not have to

Answer 2

Well I have a very good Lawyer and I asked her about that as well and I was told he would have to agree to it and if not he would have to be a child molester or do something awful for the courts to just take it away! Good luck my ex husband is on 10 years felony probation for arson and has provoked his probation and got sent to jail for about 2 or 3 months twice and he still has the right to see his son according to the courts even though he hardley ever pays child support! I hate the way that works but at least its supervised visits!

Answer 3

Unless he does sign the papers, or unless the court takes away his parental rights (like he is a child molester or something), then she cannot be adopted by someone else.  You can't force it unless the court takes it away from him (and they don't just do that for any old reason).

Answer 4

i dont' think he can then. not sure. but you can always contact lawyer andfind out.

Answer 5

Without her father's signature on the papers, she would not be able to be adopted.

Answer 6

Yes.  If he won't sign over then he needs to pay child support.  You have a case only if he is not paying it.

Answer 7

I am going through the same thing right now! You need to be more specific in your question. Does he see her/ Does he pay? If the bio dad says no it will go to court where the judge basically decides who the bettter father is! Good Luck!!! I know what an emotional rollercoaster this can be!!!

Answer 8

You would have to prove that he abandoned her or is a unfitt father.  It is really hard to take parental rights away from a parent.  The easiest way is to get the parent to consent to terminating his rights.

Answer 9

if the bio dad isn't on the birth certificate then all you ned to do to adopt is put an ad in the paper's legal section saying the date and time of your dd's adoption hearing if he doesn't show up ( he probably doesn't read the legal section) then she can be adopted .   That is the law in this state, check with your local court.

Answer 10

If he wouldn’t sign and the courts have no reason to terminate his rights there is not much you can do. I find this very sad as many “Fathers” refuse to sign over sometimes out spite and nothing more. They don’t care about having any type of relationship with their “child”. All you can do is let your husband know he is your daughters father and that if legalizing is important to him and her later, it will have to be done once she turns 18. Unless her birthfather decides to sign or gets his rights terminated.

Answer 11

Much harder. You have to prove that the biological father is an unfit parent.   While some states indicate that lack of child support is evidence, my state does not.  Their argument is that we have women on welfare, obviously NOT supporting their children, and we don't take their parental rights away.

Answer 12

remind the biological father he won't have to pay any financial support if he signs.

if he owes back child support, figure out the amount and tell him it will be garnished from his wages, taxes, and any inheritance until it's paid off. there are books on this at the library.

best wishes.

Answer 13

Well If he's a good father etc. pays his child support, follows court orders and such, then it's not gonna happen, period. If he is unfit, which you would need proof and doesn't abide by the court orders you might have a chance, but unfortunately the court systems suck and if he is a low life, they give them way to many chances and you could be in court over this for a long time : /

Answer 14

Does the biological father see and/or support the child? If he does then there is nothing you can do.

If he goes a year w/o seeing and/or supporting her then you can have his rights terminated in most states.

Answer 15

I think it depends on the state.  I would look into it.  Is your daughters biological father around?  Is he paying child support?  I think if hes not around then you can get him on abandoment so then your husband can adopt her.  Some states will let you change her last name to match your husbands.  Once again its something need to look into.  Best of luck to you!!

Answer 16

Near impossible.  Even if he isn't paying child support your husband can't just adopt her.  Only 2 things will get her adopted. 1.  If your ex has abadoned you guys (you can't reach him, he doesn't answer your request for adoption).

2.  He willingly signs over.  You might want to remind him that if he signs, he will no longer owe child support.  A lot of men are more than willing to sign, so long as they don't have to pay.