QUESTION
How do we go about filing adoption if we can't find the biological father?
Asked on Mar 14th, 2013 on Child Custody - Arizona
More details to this question:
We are going to file for my husband to adopt my daughter. I cannot find her birth father as he is always on the run. I have a restraining order against him and he has to felonies (pending) in the county I live in for violence and terrorist threats. How do we go about filing if I can't find him, I'm actually scared to try to serve him for fear he will retaliate.
5 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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He has to be served. You could ask the court for permission to serve him by publication if you can't find him.
Answered on Mar 15th, 2013 at 5:22 AM
John Arthur Smitten
You have to use efforts to try to locate him and file an affidavit with those efforts with the court.
Answered on Mar 15th, 2013 at 5:21 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and follow their counsel. Generally you will have to be notified of a adoption as his rights to the account will be terminated by the procedure. In the circumstances you describe however, I suspect that is the most likely outcome.
Answered on Mar 14th, 2013 at 7:13 PM
In order for your husband to adopt your child, the biological father's parental rights will need to be terminated. I recommend you consult with an attorney to determine whether legal grounds exist to pursue termination of parental rights, and to discuss the options that may be available if you are unable to locate him.
Answered on Mar 14th, 2013 at 6:59 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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If you want to file for adoption and you can not find the other parent your first need to terminate that parents rights. In order to do this you need to make all attempts to find him and then request that the court allow that you serve him by publication Once his rights are terminated then you can proceed with the adoption process. It is not this simple to terminate the other parents rights. There are other steps and reports that need to be done as well. I would contact an attorney in your area that handles this types of cases.
Answered on Mar 14th, 2013 at 6:56 PM