What process do I need to go through so my husband can adopt my daughter?

Question

The biological father has never been around by choice, the idea of him being around my child scares me because he is a jailbird drug addict who becomes violent when angry. He's been in and out of jail for many things including hitting an ex girlfriend and drugs. I would prefer that he never have anything to do with my child, and my husband and I are looking into him being able to adopt my daughter. I'm looking for any and all information that may be available and helpful to me.

Answer 1

I agree with the others, you need an adoption attorney.  If you live in Illinois or Indiana I can refer you to the attorneys my wife and I used when we adopted our son in 2006.  E-mail me if you are interested.

Answer 2

Should be pretty simple to prove biological dad abandoned her... so should be easy to adopt...check this out...hope this helps...good luck :)  

http://www.associatedcontent.com/article...

Answer 3

You MUST have a lawyer.

The "biological dad" may have to sign over his rights before this can happen.

Answer 4

The biological father needs to relinquish his rights prior to your current husband being able to adopt your child. This may be difficult, but it is the law. Once he does so, your husband will need to go through the proper adoption processes like everyone else. The backround check, etc.,

Answer 5

You need to get the birth father's right taken away and an adoption lawyer or an agency to handle the legal paper work. Oh and don't forget the income tax adoption credit when it is all final

Answer 6

Sorry, but he has to either sign a Waiver/Relinquishment voluntarily, or be served with the papers.  If he is served with the papers, he can either sign, ignore them, or fight for custody.  If he fights for custody, it may take 1-2 years before it is decided.  If he ignore a "good" serve, then his rights can be terminated in court.  A good serve is when there is legal proof that he was the man served.  If he cannot be located, then his/your information is published in a legal newspaper no one reads.  Then after serving him or publishing on him, there has to be a waiting time for him to respond.  If after the legal wait (varies from state to state but is usually weeks), then his rights can be terminated in court.

There is no way around this, other than, in some states, if you can PROVE that he has not been around his daughter in over a year, left her in the custody of another, and has not paid child support, he could be accused of abandonment and his rights terminated.  But this is not necessarily easy.

You must see an adoption attorney.  They are the experts in termination issues.  Even if you just go for a consult with one, or better yet, talk to his para-legal on the phone.  They know what needs to be done, and can share this for no fee.

Call around.  Just make sure they are an adoption attorney or have at least done 30+ terminations.

Hope this helps.  Good luck!!

Answer 7

He would have to sign away his parental rights voluntarily, or else a court would have to terminate his parental rights for some reason.  Reason could be:  neglect, abuse, or abandonment

What would happen (I'm not 100% about the process in all states, but in general...) if an attorney filed to terminate the father's rights is the would try to contact the father, put notices in the paper, etc., and give him time to respond.

Its not an easy process because getting rights terminated against someone's requires proof of a certain type of bad behavior and having the child be at risk in some way.  Courts don't (essentially) care about who did what to ex-girlfriends or even wives.  The question is always:  Have they harmed the child?  Might they harm the child?  

You need an attorney, who will look up whatever dirt there is and tell you whether you have a chance of having the rights terminated if the father doesn't want to sign his rights way.

Answer 8

get yourself a good attorney in this area.....you cannot afford for any thing to be missed or screwed  up.

good luck

Answer 9

First the parental rights of the biological father must be severed.  If he agrees to this the process is relatively easy.  You go before a judge, he will make sure the biological father understands and agrees to what he is doing.  Then it is another easy process for your husband to adopt the child.

If the biological father does not agree then it is a more difficult process, and honestly it may be impossible depending on the laws of your state and the judge presiding over the case.  If the biological father fights this proceeding most judges will not consider support.  Meaning, that even if he is not supporting the child he is the biological father with rights as such.  Support is a seperate issue in my state.  

In my case, the biological father was agreeable to relinquishing his parental rights in exchange for dropping child support.  All back support owed and any future support for the child.  Because we agreed it was quick and simple.  If he had not agreed I would not have been able to do this even though he had never paid child support or visited the child.  It came down to whether he agreed or disagreed.  I have no idea how it would have been handled if he could not have been found.

I suggest contacing an adoption attorney in your county and ask them what the laws are in your area and what the process will entail.  That is the only way you are going to know what you will have to do and if it is possible.

Answer 10

You need to get a lawyer and a copy of the arrest/conviction record of the biological father.  In cases like this, the judge can choose to cut his parental rights rather than requiring you to get him to sign off.  It varies by state however and I'm almost certain his record must include felony convictions. If it doesn't, then your only other option is abandonment.  I don't know what you'll need in your county to prove that.  Lack of child support alone, in my state, doesn't amount to a hill of beans unless you can prove that he was notified of the child's birth.