How long does a biological parent have to go without seeing the child before a stepparent can adopt?

Question

My daughters biological dad hasnt seen her for a while now or any of his children from previous relationships. He lives very close to his kids and still refuses to contact them. He has been in trouble with the law on numerous occasions. My husband has been my kids father, loves her and supports her and he would like to adopt her because to her that is the only dad she knows. So does anyone know how long the biological parent has to have not had contact with the child before adoption by the step parent can take place. Thanks

Answer 1

check with a lawyer in your area. each state is different.

Answer 2

You should speak to a lawyer who will know what the waiting period is to declare legal abandonment in your state. You will have to file suit declaring legal abandonment before adoption proceedings can go forward. Check the link below for general information regardless of state.

also, try going to your state's website and do a search for "legal abandonment". (i.e. www.nys.gov for ny)

Answer 3

It varies by state. In Kansas its 2 years of no contact or non payment of support.

COntact an attorney in your state. They can tell you what the laws are for your state. If you cant afford one, try legal aid.

Answer 4

Doesn't matter how long.  He has to sign the papers giving up parental rights.  Otherwise, you have to prove abandonment.  My state rarely does this today because so many women lie.  However, filing at least gives you an answer one way or the other. The fact that there is a rap sheet on him may work in your favor.  You need a lawyer.

edited to add: I actually find it appalling that a state would remove parental rights for nonpayment of child support.  THOUSANDS of women don't pay support for their children (the state pays it) yet the court isn't taking away their parental rights. I am not surprised about Texas though. In that state, fathers are just wallets and don't get any rights even if the mother is hooked on meth.

Answer 5

I met my hubby when his(our)daughter was 2. Her "real"mom left when she was 13 months old. So we dated, got married and had my son(he is two now) I officially adopted my daughter in March of this year. In Texas it is if the biological parent has not had contact or paid support for at least six months. Also, when her bio.mother was sent the paperwork, she did not respond, which made it even easier for us. Speak with a lawyer...

Answer 6

I think in Texas it's 2 years, but it may be different in different states.  Good luck.

Answer 7

It's three years where I live & every place varies. Definitely talk with a lawyer. There are some law firms that will give you a free initial consultation, so check around if money is a problem.