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Step-parent adoption?

Is there a way for my dh to adopt my DD if her bio-dad has nothing to do with her BUT he pays his child support and wont sign his rights over?

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Asked by Anonymous at 4:42 PM on Jan. 12, 2010 in General Parenting

Answers (10)
  • I don't think so. I'm pretty sure he has to sign over his rights. I think it's *possible* you could just ask a judge to terminate his rights, but I think they'd only really do that if he had nothing to do with her, didn't pay child support and was just a total deadbeat. I'd talk to a lawyer to know for sure, though.

    Answer by tropicalmama at 4:45 PM on Jan. 12, 2010

  • not if he won't terminate his rights. Unless you take him to court, get them to declare his rights terminated (FYI they will cancel the child support! no rights = no money from him)

    Answer by Anonymous at 4:47 PM on Jan. 12, 2010

  • No, I don't think so. If he won't terminate his rights himself, and there's no reason for a judge to terminate them, I don't think your DH will be able to adopt her. Sucks, yeah.

    Answer by motherofanaries at 4:48 PM on Jan. 12, 2010

  • No. It can only be done if bio dad voluntarily terminates his rights. You can put a will and papers in place, however to secure custody for your spouse in the event of your death. Speak with a lawyer.

    Answer by elleinad at 4:52 PM on Jan. 12, 2010

  • Check your states laws some states will let you do this but it depends on all the things that are going on

    Answer by babygirl9669 at 4:58 PM on Jan. 12, 2010

  • Not if he pays support. He has to go two years without any support and without any contact in order for that to happen. Then you have to prove in court he is an unfit dad and all of that, which doesnt apply in your case.

    Answer by Itsonono at 5:06 PM on Jan. 12, 2010

  • Nope. He is her father and as long as he hasn't abandoned her (which he hasn't he's paying his child support...visiatation has nothing to do with it).

    Answer by GrnEyedGrandma at 6:10 PM on Jan. 12, 2010

  • It depends on your states laws. CT for instance makes you wait one year with no contact (financial support does not count). Vermont makes you wait 2 years.

    Answer by heathersarge at 7:13 PM on Jan. 12, 2010

  • But what if bio father doesn't pay child support and hasn't had any contact or tried to see the child in over 5-7yrs.. is there any law saying that his rights aren't any more? in the state of PA

    Answer by kathynej7142007 at 8:42 PM on Jan. 12, 2010

  • You'd still have to go to court and have the judge decide what the status of the negligent parents rights are. You cant deem it so without a judge.

    Answer by Itsonono at 9:51 PM on Jan. 12, 2010

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