QUESTION
Can my husband adopt her without consent of her father who's not on birth certificate and never provided support?
Asked on Oct 26th, 2012 on Child Custody - Ohio
More details to this question:
Her father has never supported her. She refuses to visit. My daughter is 14. I am wondering what the process is for my husband to adopt her. I was never married to her father. I have never petitioned for child support.
11 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced adoption attorney.
Answered on Jun 13th, 2013 at 2:29 AM
Leonard A. Kaanta
No.
Answered on May 21st, 2013 at 1:33 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You have to notify the father of the adoption. If he has not supported the child for one year or not had contact with the father for one year, you will not need his consent.
Answered on Nov 04th, 2012 at 2:07 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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In Colorado a step-parent can adopt over a parent's objection by convincing the court that the father has failed to pay financial support or has abandoned the child for the 12 months preceding filing the petition, without just cause. Your failure to seek a determination of paternity and financial support could be asserted as an explanation of "just cause" but if the father actually knew of the child and agreed she was his child and yet did nothing for 14 years that might not be a defense he would choose assert unless he seriously wanted to become involved in the child's life now.
Answered on Oct 29th, 2012 at 1:59 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Before you can proceed with an adoption, you would have to pursue termination of the biological father's parental rights. It would be worth consulting an attorney to assess whether you have grounds to terminate. Given the fact your daughter is 14, her opinion as to adoption will matter.
Answered on Oct 29th, 2012 at 1:58 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The legal father should consent to a stepparent adoption. Then his responsibility for child support ends. He may refuse to do so. You can also wait until she's 18 and do an adult adoption without his consent being needed
Answered on Oct 29th, 2012 at 1:09 PM
Dennis P. Mikko
In any adoption proceeding, the biological father would have to be notified. However, since he has not been involved, and his involvement would mean child support, he may be willing to consent to the adoption. If he was aware of his daughter and still failed to support or have contact, there may be a way to force the termination of his parental rights if he objected in the context of a step-parent adoption.
Answered on Oct 29th, 2012 at 1:04 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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There would have to be a determination that the parental rights for the biological dad should be terminated. If there is no finding of parentage and there is a person wiling to adopt, that should not be a problematic case.
Answered on Oct 29th, 2012 at 1:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably, see an attorney. Has there ever been a ruling in paternity? If not, the missing "father" may presently have no legal rights.
Answered on Oct 29th, 2012 at 12:52 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The husband will need the father's consent to adopt.
Answered on Oct 29th, 2012 at 12:47 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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It is possible in Ohio for your husband to adopt your daughter without the consent of the father. Please see a Family Law attorney for details.
Answered on Oct 29th, 2012 at 12:41 PM