Can I terminate my son's biological father rights? 9 Answers as of March 28, 2016

He has had no contact with my son in 6 years other than paying child support. My husband is the only father he knows and wants to adopt.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
How will the biological father react once he knows about the desire. Will he be thrilled to be relieved of his obligation to pay support? Or will he fight and try to reinstitute a relationship out of spite. If he has had no contact; but is paying support, he might consent to stop the support. You might have to start a contested adoption, giving him notice, and see what happens.
Answer Applies to: New York
Replied: 3/28/2016
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
You can file an action to terminate his parental rights and a step parent adoption proceedings.
Answer Applies to: Wisconsin
Replied: 3/28/2016
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Not unless he agrees to it.
Answer Applies to: Georgia
Replied: 3/23/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
It appears that you have legal grounds for terminating the biological father's parental rights. Find a skilled family law attorney to advise and represent you. It's almost always worth the expense.
Answer Applies to: Wisconsin
Replied: 3/23/2016
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The appropriate legal process is to file and serve a petition to terminate parental rights for the biological father and to file and serve a stepparent adoption for your husband. This is a complicated area of the law that deserves the attention of an experienced family law attorney. If there's been no support or contact by the biological father for over a year, there is a strong likelihood that the court will terminate the biological father's parental rights and allow for a step parent adoption. More details on biodad and your circumstances should be shared with an attorney in an office consultation.
Answer Applies to: California
Replied: 3/23/2016
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It may be possible to have your current husband adopt the child but it will have to be with the permission of the biological father. The fact that he is continuing to pay child support preserve his parental rights. Is support obligation will be ended however, upon the adoption by another party and therefore he may have motivation to allow The adoption to go forward.
    Answer Applies to: Michigan
    Replied: 3/23/2016
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not without his consent.
    Answer Applies to: New York
    Replied: 3/23/2016
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    If dad is willing to consent then yes. Contact an attorney. It's easier that way.
    Answer Applies to: Nevada
    Replied: 3/23/2016
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    Yes. You can file for a step-father adoption and in that process request that the bio-dad's parental rights be terminated. The process is different depending upon the nature of the bio-dad's existing paternity. You should contact an experienced attorney regarding this process.
    Answer Applies to: California
    Replied: 3/23/2016
Click to View More Answers: