How long does a childs father have to be out of the picture?

Question

I want to adopt my partners daughter. She will be 3 in a couple of months and her father has not exaclty made an effort to see her lately.We know he is still in the area because we saw him on the news a few weeks ago because he got arrested (stealing $40,000 worth of copper, not the first time). When he did try to see his daughter, he would threaten me and his daughter's mother.This was 2years ago. He was and is always high. Sells drugs. Can't hold a steady job. (other then theft) He is on the birth certificate. I know with divorce, if one of the spouses is "gone" for a certain amount of time, the other spouse can file for divorce without the signature of the missing one. Is this the same with "missing" moms or dads? Is there a certain amount of time that goes by when you don't need the signature of the missing parent, to give up custody, to adopt a child?

Answer 1

I don't know where you are, but I can tell you that in ontario canada, after 6 months of no attempted contact, its said to be abandonment, and its a very easy appearance in front of the judge to have the rights terminated.

In all fairness though, when I did it, I just had my lawyer appear for me, I wasn't physically in the courtroom, and they did it based just basically on my word, (an affadavit) so it would be pretty easy for someone to simply lie (but I didnt)

Answer 2

I believe the other parent must abdicate parental rights for a new partner to adopt them. But it probably varies by where you are from, and of course, there are always extenuating circumstances. Talk to a lawyer.

Answer 3

File for abandonment and petition to have his prenatal rights revoked call dcfs and they can point you in the right direction

Answer 4

contact an adoption lawyer for the answers that you seek. Every area could be different

Answer 5

State and county laws vary, but if you could prove the last date of contact, chances are this situation would qualify for abandonment.  You'd still have to contact an attorney to assist with everything...If it makes a difference, a lot of times if the absentee parent abdicates their rights, the other parent forefits on any child support.  Just a thought.

Answer 6

He can be out of her life fore years but if he still has a desire to be her parent then you cannot adopt

Answer 7

Boy, he sounds like a real jerk.

Hope your 'partner's' judgement had improved this time around.