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My daughter Father has never been in her life and doesn't plan to be Should I file a petition to terminate his parental rights?

I want her to be able to be adopted by a stepfather when I get married

Answer Question

Asked by willowsmom0519 at 8:35 PM on Oct. 23, 2013 in Adoption

Level 1 (3 Credits)
Answers (13)
  • Is he agreeable to this? If so, it would be wise to get it out of the way before you need it.

    Does he pay child support? Some people who do not want anything to do with their children will fight tooth and nail not to allow someone else to adopt them.

    Answer by Dardenella at 8:47 PM on Oct. 23, 2013

  • you have to get his permission, the courts will make you send letters to all known family, take out ads in the paper etc.
    Has he paid child support? Is he listed on the BC, is there a custody order at all?

    Answer by luvmygrandgirl at 8:47 PM on Oct. 23, 2013

  • Does he pay support? Are you currently involved in a serious relationship and your SO wants to adopt her?

    I'm not sure that the courts will do that, but it's worth a call to an attorney to find out.

    Answer by QuinnMae at 8:48 PM on Oct. 23, 2013

  • Is there a man you are going to marry who wants to adopt your child, or is this all hypothetical right now? How old is the child?

    Answer by Ballad at 8:55 PM on Oct. 23, 2013

  • She is two years old, he does not pay child support and I'm getting married next year

    Comment by willowsmom0519 (original poster) at 9:12 PM on Oct. 23, 2013

  • Consult with an attorney and find out what you need to do to get the ball rolling on whatever paperwork needs to be files. Be it public announcements in local papers, or filing paperwork with the courts.

    Answer by QuinnMae at 9:18 PM on Oct. 23, 2013

  • is there an order of any sort with the courts

    Answer by luvmygrandgirl at 9:21 PM on Oct. 23, 2013

  • Talk with a lawyer. I went through this. It took me 3 yrs to get it done. My husband was adopting and we had started the process when he was 2 and my ex had not been involved/in contact since my son was 6mths old.

    Had to track him down(not always easy), have him served and wait to see if he answered then petition the court to agree that he had abandoned him.

    Many states have different laws about abondonment/permission as well as how long you have to been living with the step-parent and some require home studies. etc.


    Answer by tntmom1027 at 10:35 PM on Oct. 23, 2013

  • Get an attorney .Do this in a legal straight forward manner .This will insure when his rights are legally terminated and she is adopted by your then husband there will be no future legal issues..


    Answer by drfink at 10:40 PM on Oct. 23, 2013

  • Yes, you should file and then take it to court if for some reason he objects. My SIL and my brother did this for my nephew (her biological) and they won when the pos ex of hers tried to fight it. There are so many things they had to think of when they got married and wanted to have my brother adopt him right away. You have to think of what would happen if, for some reason, something happened to you. She wouldn't get to stay with her SF. Do you have other kids? They would be separated because she would go back to her biological father. Most states always give the biological parent 'first rights.' My brother and his wife filed right after they were married and it took a while. It is a time consuming process. But, in the end, it was all over in a day. Termination, adoption all at the same time. Then the court seals the original birth certificate and orders a new one with your husband's name on it for the father.

    Answer by WhyPiggy at 10:42 AM on Oct. 24, 2013

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