QUESTION
I’m getting married in October can my fiance adopt my daughter after that?
Asked on May 29th, 2013 on Child Custody - Alabama
More details to this question:
My daughter will be a year old in July. Her bio dad has no rights his name is not on her birth certificate. She has my last name. He does not pay any child support. He has not seen her since she was 3 months old. I didn’t hear a word from him for 7 months he had asked to see her and then never sent a text or contacted me again. He has told me he wants nothing to do with her before. My fiancé has been involved since day 1. And he would like to adopt her. I doubt the bio father will consent to this. He likes to pretend he is a father.
6 ANSWERS
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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You should consult with experienced adoption counsel. There are provisions in the Arizona statutes regarding terminating parental rights, and an experienced attorney can review those with you to determine your best approach.
Answered on Jun 03rd, 2013 at 7:26 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, you would still need the biological father's consent. If you think he will do this and want to proceed, you should have an attorney assist you in the process in order to ensure that everything is properly done.
Answered on May 31st, 2013 at 1:55 AM
Family Law Attorney serving Las Vegas, NV
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Law Offices of Webster & Associates
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You need to terminate the parental rights of the biological father. Once that's accomplished you can file for a step parent adoption.
Answered on May 31st, 2013 at 1:37 AM
Yes, your new husband can seek to adopt the baby. The father is entitled to notice of the proceeding.
Answered on May 30th, 2013 at 10:29 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can do is ask the court and see what it says. You might be able to prove abandonment. However, be prepared for bio dad to say that you made it difficult for him to see his daughter.
Answered on May 30th, 2013 at 10:29 AM
Alabama has a one year marriage requirement before a step-parent can adopt a his or her step-child. The requirement can be waived for "good cause shown." However, in most cases, it is best to wait out the one year. When the time comes, if you know where the father is located, you will have to give him notice of the adoption.
Answered on May 30th, 2013 at 10:28 AM