QUESTION
How can my husband adopt my daughter from a previous relationship being the biological father’s rights were terminated five years ago?
Asked on Sep 15th, 2012 on Child Custody - Georgia
More details to this question:
I have full custody of my daughter. My husband would love to adopt her and have her name the same as ours. I need help doing this at fair cost and in a reasonable amount of time.
19 ANSWERS
Michael Paul Vollandt
You and he should file a Stepparent Adoption in the County where you and the minor live.
Answered on Jun 27th, 2013 at 10:00 PM
Make an appointment to see me about an adoption.
Answered on Jun 27th, 2013 at 9:48 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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He would still have to file a step-parent adoption. He may still have to file to terminated the biological father's rights. It is unclear if that has already occurred or if you just got an order giving you full custody.
Answered on Jun 27th, 2013 at 9:44 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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I am not sure you mean that the father's rights were terminated completely, or simply that he has no custody rights. Either way, your husband would have to adopt her. If you have already gone through the Freedom From Parental Control, then you have already completed some steps of a stepparent adoption. Adoption is not very user friendly, so you may need an attorney to assist you.
Answered on Sep 24th, 2012 at 1:49 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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A father's rights are not fully terminated until someone else adopts the child, so I don't know why you believe his right were terminated. You husband can adopt the child if 1) you've been married for at least 6 months, and 2) the father either has not paid any support for one year or has had no contact with the child for one year. You will also have to go through a home study.
Answered on Sep 22nd, 2012 at 10:45 PM
If you and your current husband have ben married for more than a year, he can file a Petition for Adoption as the Step-father, without the two of yiou having to obtain a vHome study. He would have to submit to a background check with the State of Utah on their chid abuse data base and if found to be free and clrear, the Court will approve the Adoption. I would advise yu to obtain an Adoption attorey to assist you.
Answered on Sep 22nd, 2012 at 10:16 PM
If the biological father's rights have already been terminated, then adoption should be extremely straightforward. If you do not want to work with a private attorney, you can contact the Maricopa County Attorney's office and they can assist with an uncontested step-parent adoption.
Answered on Sep 21st, 2012 at 1:08 PM
1 Award
He needs to file a petition for intrafamily adoption. You will need a copy of the judgment terminating the biological father's parental rights.
Answered on Sep 21st, 2012 at 12:58 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Get a certified copy of the termination of parental rights and get to an attorney. Many are giving free consultations now, so shop around for an inexpensive one.
Answered on Sep 21st, 2012 at 12:56 AM
An experienced attorney can help you petition for a step-parent adoption. You may need to obtain certified copies of the Order terminating the birth father's parental rights, but it should be possible to complete the process in only a few months. Good luck!
Answered on Sep 21st, 2012 at 12:47 AM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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If your daughter's father's rights were terminated, and assuming that all of the background checks came out O.K., it should be a simple matter for your husband to adopt your daughter. You should hire an attorney who is familiar with adoption procedures, since there is a lot of paperwork that has to be done correctly.
Answered on Sep 21st, 2012 at 12:12 AM
Immigration Attorney serving Madison, WI
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Wren & Gateways Law Group, LLC
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If you're in Wisconsin, the process will involve a study by a social worker to ensure that your husband is a fit person, and typically at least 3 court hearings over a few months. The good news is that there are tax credits for legal fees for an adoption, so you may be able to recover any money you do spend.
Answered on Sep 21st, 2012 at 12:12 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If the bio-father's rights were, in fact, terminated by a court his consent to a step-parent adoption is not necessary. Since it appears you were never married to the bio-father, it isn't clear whether your claim that his rights were "terminated five years ago" is referring to a judicial proceeding or something else that may not be legally binding.
Answered on Sep 20th, 2012 at 11:42 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If the biological father's rights have already been terminated, the process should be pretty straightforward. You need to consult with an attorney in order to determine how to proceed. Additionally, if your existing or potential case is in or near the Central Florida area (Orange, Osceola, Lake, Sumter, Marion, and nearby counties).
Answered on Sep 19th, 2012 at 2:18 PM
Theodora B. Fader
If you have been married at least 6 months, your husband may be able to adopt the child through a step-parent adoption proceeding. This is a fairly straightforward proceeding, especially if the biological parent consents.
Answered on Sep 19th, 2012 at 2:18 PM
Adoption in the state of Alabama may be granted when the biological parent has had no meaningful contact or minimal contact for at least 6 months. Also, in this situation if the biological father's whereabouts are unknown the adoption may go forward. A reasonable cost for adoption depends on what county it is in and cost involved with that county. There are several attorneys who have free consultations that can give more information.
Answered on Sep 19th, 2012 at 2:17 PM
You have made two statements about your daughter's status. You have said "full custody" and you have said "terminated the father's rights. Those are not the same thing. Those are really, really, really totally different things. It may be possible, if the father has not seen or supported the child in the 5 years to go ahead and terminate the father's rights now. But having "full custody" is so not the same thing as terminating the father's rights it is really hard to tell what you mean.
Answered on Sep 19th, 2012 at 2:16 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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You husband can file a "Step-parent adoption". There are certain strick procedures that must be followed. Accordingly, you are advised to retain the services of an experienced attorney to assist you in that process. This will save you much time and headache.
Answered on Sep 19th, 2012 at 2:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It can be done, and you have options. See an attorney about either an adoption or just a change of name.
Answered on Sep 19th, 2012 at 2:15 PM