QUESTION

If my husband wants to become my daughters legally adoptive father, what do we need to do?

Asked on Jul 08th, 2015 on Child Custody - Michigan
More details to this question:
My husband wants to adopt my daughter as his own, but we do not know how we can do this. My daughters birth father has not been at all present for her whole 12 years of life. My husband is the only father she knows, and we want to start this process soon. He has essentially raised her with me.
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7 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Retain a lawyer and start the second parent adoption process. The bio father will either voluntarily sign a relinquishment or the court can order a termination.
Answered on Jul 09th, 2015 at 12:45 AM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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You will need to file an action to terminate bio dad's parental rights along with a step parent adoption petition.
Answered on Jul 09th, 2015 at 12:43 AM

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In Wisconsin, there are two closely related steps. The first is to terminate the birth-father's parental rights. The next is to petition for adoption. Consult a lawyer experienced in this kind of work. There are some firms which specialise in adoption. You can find them online(try Avvo.com, for one), or in the yellow pages, or the state bar lawyer referral and information service.
Answered on Jul 09th, 2015 at 12:37 AM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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Your husband should be able to adopt your daughter without the natural father's consent based on the information you've given. It would be what's called an intrafamily adoption in Louisiana. It's fairly uncomplicated and my fees are competitive and affordable.
Answered on Jul 08th, 2015 at 3:06 PM

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Get what is called a Step Parent Adoption, and in that process have the natural father's rights terminated. You will have to show that he has abandoned his child both in terms of financial support and has not seen the child, and your new husband will need to take on all responsibilities of the natural father, including financial and emotional support, even in the event that you should divorce before she is an adult (child support and visitation).
Answered on Jul 08th, 2015 at 3:02 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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We would need to try to locate the biological father to obtain his consent. If unable to locate him, then we could do service via publication possible, but only if he doesn't pay child support. If the child is over 12 years old, which it sounds like, then the child would also have to consent. With proper consents or notice, you could do a stepparent adoption.
Answered on Jul 08th, 2015 at 2:46 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The easy way will be to get the permission of the biological father and have him waive his parental rights. The process of being much more difficult, he will have to prove abandonment and have his parental rights severed if he refuses to cooperate. I would suggest to see an attorney.
Answered on Jul 08th, 2015 at 2:20 PM

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