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question about new husband adopting child

Alright so i recently got married, my new husband LOVES jillian and wants to adopt her. Her biological father has not contacted us since nov, but is paying child support. he is into drugs but i have no proof. does anyone know how i can get my husband the right to adopt my daughter? or if it would be up to her biloogical father, even though he never sees her, and is a low life?

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Anonymous

Asked by Anonymous at 8:44 PM on Mar. 24, 2010 in Relationships

Answers (8)
  • for your husband to be able to adopt her, you either have to convince her bio-father to give up his rights to her, or get them taken away in court.
    Anonymous

    Answer by Anonymous at 8:53 PM on Mar. 24, 2010

  • If you let your new husband adopt your daughter you could run into legal problems if you end up getting divorced. Since second marriages have over 50% chance of ending in divorce that is something to consider.
    Gailll

    Answer by Gailll at 8:56 PM on Mar. 24, 2010

  • Gailll, first marriages have almost the same chance of ending in the divorce, so that's not the biggest problem.

    If he's paying child support, he has to formally give up his parental rights. Talk to a lawyer about it.
    Anonymous

    Answer by Anonymous at 9:00 PM on Mar. 24, 2010

  • He has to sighn over his rights, and he will no longer be paying child support at that point. I would contact a lawyer to ask what steps you need to take.
    mommymeg03

    Answer by mommymeg03 at 9:13 PM on Mar. 24, 2010

  • You need to consider everything. Not just the biggest problem.
    Gailll

    Answer by Gailll at 9:17 PM on Mar. 24, 2010

  • In my state the law says that the father (or mother) must not have had contact by phone or in person for 6mos, must not have paid child support, or be abusive as charged and convicted by a court for an involuntary termination. Since he pays support you have to go for voluntary. IF he doesn't visit and has no connection with the child except seeing his money disappear out of his paycheck your pretty likely to get a voluntary termination from him if he knows support will end. Even if you do divorce your husband after the adoption your husband would still be responsible for child support. Legally he is the father and would appear on the birth certificate as such. There is no legal problems there. I know people who have done it and later divorced it is the same as if they were the guys bio kids. They go for visits, he pays support.
    Anonymous

    Answer by Anonymous at 9:54 PM on Mar. 24, 2010

  • I wouldn't do it. I'm getting married soon and was thinking about doing the same thing because my fiance loves my dd so much and her bio dad doesn't see her at all. But if my soon to be husband adopts her or your husband adopts your child, the support would STOP. Why risk that when the situation won't change? If bio dad doesn't want to see child, it's his problem. Your husband can love your child just the same without being her legal father.
    Anonymous

    Answer by Anonymous at 5:36 PM on Mar. 25, 2010

  • the reason i am asking is because of insurrance purposes and taxes, it says something about taxes that he cant claim her unless he is biological father or as adopted her, unless im reading that wrong. plus, the military is kinda tricky with their insurrance, and she may not have full coverage simply because he has not adopted her
    fonzogirl

    Answer by fonzogirl at 9:48 AM on Apr. 7, 2010

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