My partner would like to become legal guardian of my daughter, how do we go about this?

Question

My daughter has never met her father as he is an abusive alcoholic and drug user. He has never paid for child support and more importantly his name is NOT on the birth certificate.

Do I still have to contact him if my partner wishes to adopt her? I know the kind of person my ex is and even though he is not in my daughters life he would love to make it hard for me. It would be too risky to have this man back in our lives under any situation as he was violent.

I want my daughter to have the love and security she deserves and my partner now provides more than that. We just want it to be official?

Answer 1

Just get him named as the father on the birth certificate, the births and deaths register dont know he is not the bio dad, just tell them, at the time of your daughters birth, you were seperated and now wish to make an entry on the birth certificate as her father, very simple.

No adoption necessary.

Answer 2

If you are in australia then no you will not need bio fathers permission since he is not on birth certificate. Depending on which state you live in you need to speak to either DOCS or child welfare

Answer 3

If this is a second-parent adoption, it depends on your state.  Our adoption lawyer worked all the kinks out for us.  Even if your partner can't legally adopt your child, a lawyer can help you with parenting agreements, wills, and guardianship.

Oh, and to sammie who said "stick with the male population".  I think you are ridiculous.  

Answer 4

you have to remember the safety of ur daughter and what would be influencing her if you guys are scared of what could happen talk to some athorities about it  

Answer 5

Your question is very jumbled. Best advice is seek your lawyer. he cannot adpot somebodies child. u basically have to be married. if he is a violent man, and u know its risky, dont bother. but u say ur partner provides more than that which is confusing. id say talk to your lawyer about this. they can arrange legal marriages and get legal paper done.

Answer 6

do it

she should call him dad

ecpeacially if shes known him half or more than half of her life

plus maybe u should ask your daughter if shes over the age of 8

Answer 7

i know from experience that you don't have to contact your ex in order for your partner to adopt your daughter, my stepdad adopted when i was in 2nd grade, my mom was 19 when she had me and i guess he wasn't ready to have a kid, but anyways i know that my mom has never talked to/seen my biological father since she was pregnant with me, so you don't have to contact your ex at all for your partner to adopt your daughter of course, i don't know if he can adopt your daughter unless the two of you are married, but the thing is PLEASE PLEASE PLEASE tell her at some point if she doesn't already know that the man she calls dad is not her actual father, because i found out the hard way, i saw my birth certificate laying out in my mom's room and i read it and noticed that the name on the borth certificate was not my dad's name...i was confused, but i just wish my mom had told me...but that could have confused me because i was only in 4th grade, but tell her when she is a teenager, PLEASE...good luck with everything :D

Answer 8

i think the best thing to do would be get a lawyer, because your going to need one anyways to check out your partner.

i was taken from my mom 4 years ago to live with my dad and im 15 now

if you can prove that your ex is an alcoholic, and could be dangerous, then theres no way he will get custody of your daughter

Answer 9

Most states use the birth certificate as the determination of paternity unless someone comes right out and legally demands a DNA test. Just tell them that you don't know who the father is and then you don't have to contact him or anyone else.

Answer 10

Im trying to do the same thing , My daughters father was just like your daughters . And he is not on the birth certificate . Thats where me ans you saved our selves good for you. And its not as complicated as peopke on here are saying . I'm getting married Aug 23rd and then hes adopting my 3 year old daughter . Good Luck  

Answer 11

I do not have any experience on that field, but here is an advise that will help you. The source is listed below by the way. You should also google "step adoption":

"What I can give you is some generalized information. I am a family lawyer working in Victoria, and I think you're in QLD.

Please obtain professional legal advice for your own circumstances. The following is NOT a substitute for independent legal advice nor is it guaranteed to be absolutely accurate as I have been on maternity leave for nearly a year now.

In Victoria, the general process is as follows:

1. Ensure that the relinquishing parent will consent to the adoption.

2. Contact DHS (Department of Human Services) and talk to them about how to go about the adoption. They will prepare a report and organize the counseling for the adoptive parents, child (if applicable) and relinquishing parent. One requirement of the adoptive process in Victoria is that the step-parent and the parent must have been in a relationship for more than 2 years (they don't HAVE to be married, but it certainly helps).

3. Note that DHS generally do NOT approve step-parent adoption. It is only in exceptional cases (ie imminent death of one parent) that adoption is approved. I think there are about 3 step-parent adoptions in Victoria each year.

4. If adoption is approved, an application must be made to the Family Court of Australia to allow the step-parent to adopt the child. If this is not done, the relinquishing parent can still bring applications for contact and residence in relation to the child, as the relinquishing parent will still be considered, under the Family Law Act, a parent of the child. Essentially the child will have three legal parents.

5. If the Family Court application is successful, then an application must then be made to the County Court (District Court in QLD). A number of forms must be filled out including affidavits of the whole story etc etc. A judge will then decide whether or not the adoption will be allowed to proceed.

As I said, it's a complicated process, and you need to obtain advice from a independent lawyer who is familiar with adoptive processes in your state.

Best wishes."

Answer 12

If you can't commit to him, why make her be beholden to him...

Answer 13

Well, if his name is not on the birth certificate and you haven't went after him for child support. I would play dumb and say you don't know who the father is and try to go from there.