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My husband would like to adopt our oldest daughter but

my ex-husband won't give his consent. Do I still need his consent if he signed his parental rights away and I was awarded sole legal custody of her? My husband and I have been married for almost 7yrs and he's been in her life since she was 2.5. This is something that even our daughter wants.

One of the main reason's we're pushing for adoption is because we don't want my ex trying to take her away from my husband and our youngest daughter as well as all of my family members like Grandma, auties, uncles and cousins. My ex lives several states away doesn't have a stable life and all that goes along with it. I've been told that I could always put it in my will that I want her to remain with her daddy and sister but will my ex be able to contest that will? What rights do I have.

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Asked by Ladybugkisses76 at 1:49 PM on Jul. 8, 2009 in Adoption

Level 25 (21,981 Credits)
Answers (5)
  • If he signed his rights away you shouldn't have any problem having your dh adopt her.

    Answer by Anonymous at 1:52 PM on Jul. 8, 2009

  • If the bio dad signed away his parental rights then there is no obstacle unless your husband has problems in his background/criminal check. If bio dad did not sign them away you will have to prove unfitness or abandonment. If he sends chjild support but doesn't visit they will NOT tske his rights in most states. However, if he doesn't pay ordered support and never visits, calls or writes..and it is ongoing over a yr or have a good shot. Mostly, you need to consult an attorney.

    Answer by GrnEyedGrandma at 1:54 PM on Jul. 8, 2009

  • The laws do differ from state. I agree that you need to consult with an attorney. It should be an attorney who specializes in family law and, specifically custody if possible.

    Answer by Southernroots at 2:05 PM on Jul. 8, 2009

  • If he's paying child support you might want to let him know that if your husband adopts your dd then he will no longer be liable for child support. Let him know that you would be open to an "open" adoption if that is his wish. That you would send pictures, etc to him to keep him updated. Other then that I'd suggest an attorney.

    Answer by baconbits at 4:51 PM on Jul. 8, 2009

  • If he has any legal parental rights or responsibilities (like paying child support) than he is still legally her father and a child with a legal father cannot be adopted. He would need to agree to have his rights terminated. If his rights have already been terminated, then you don't need his consent to have her adopted.

    Answer by MommyAddie at 1:50 AM on Jul. 9, 2009

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