QUESTION
Is there anyway I could allow my husband to adopt my oldest son without permission from his biological father?
Asked on May 07th, 2014 on Child Custody - Michigan
More details to this question:
Biological father has never paid for anything for my son except for an occasional gift (birthday/Christmas). He hasn't seen my son in 1.5 years. My son doesn't know him as dad just a familiar face. Biological father is NOT on birth certificate. My son is now 7. We were never married.
5 ANSWERS
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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In Louisiana, your husband should be able to adopt your son without the biological father's consent based on the facts you have given.
Answered on Jun 03rd, 2014 at 2:04 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Sounds like the bio father was never made a legal father. However, in order for your current husband to adopt the child, the father's rights will have to be terminated. This is part of the adoption process. I don't see why he would object given that it sounds like he has had minimal contact with the child.
Answered on May 07th, 2014 at 1:11 PM
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Your husband can adopt the child over the objection of the biological father if he has not visited him for 6 months or longer or has not paid child support for 6 months or longer.
Answered on May 07th, 2014 at 10:52 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Possible if there is no support and visitation in Michigan after the passage of a bit more time. If he will not agree then he should at least be assessed support. That, at times, provides a motive to give up his rights to allow the adoption.
Answered on May 07th, 2014 at 10:21 AM
Part of the adoption process involves terminating the father's rights. So far as I know you cannot avoid this.
Answered on May 07th, 2014 at 10:20 AM