Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click here
Reza Athari & Associates, PLLC | Riana Durrett
If a child has two parents with legal custody then another person will not be able to adopt the child without termination of one of the parent's rights.
Answer Applies to: Nevada
Replied: 10/4/2011
Reeves Law Firm, P.C. | Roy L. Reeves
Yes and No. With the biological father's consent, this is an east step-parent adoption. Without his consent, you have to terminate his rights and that requires you to show one of the enumerated grounds in the Family Code, and establish that it would be in your child's best interest. So, yes, you can do it without the biological father's consent, but it is not as easy as it may seem and there is a chance that you will loose the termination at trial if he fights.
Answer Applies to: Texas
Replied: 9/28/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
Your husband will not need the biological father's consent if the father has failed to provide support for the five years prior to the filing of the petition.
Answer Applies to: Georgia
Replied: 9/28/2011
Beaulier Law Office | Maury Beaulier
A termination of parental rights along with a step parent adoption can be accomplished rather simply with the assistance of an attorney. However, it would require one, and perhaps several court appearances.
Answer Applies to: Minnesota
Replied: 9/27/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
In Louisiana, under certain conditions the biological father's consent will be considered waived. If the father has not paid child support in violation of a court order for six month, or if the father has not contacted or seen the child "without just cause" for six months, his consent will be considered waived by the court and the child may be adopted by a step-parent. The court will still consider the "best interest of the child," and judge whether or not the adoption is good for the child, prior to granting an adoption.
Answer Applies to: Louisiana
Replied: 9/27/2011
Gonzalez Law Associates P.C. | Carlos Gonzalez
Generally not unless you've done a termination of his parental rights which would generally be done through the courts. Then I would free the child for adoption.
Answer Applies to: New York
Replied: 9/27/2011
Cody and Gonillo, LLP | Christine Gonilla
You have to terminate the biological father's rights.
Answer Applies to: Connecticut
Replied: 9/27/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
If you file for Petition for Termination of Parental Rights, and the judge grants it, then you will not need the "Bio Dad's" consent.
Answer Applies to: Pennsylvania
Replied: 9/27/2011
The Law Office of Cathy R. Cook | Cathy R. Cook
If the father has not paid court ordered child support for at least one year, or if no support ordered, not seen the child for one year, his consent is not necessary.
Answer Applies to: Ohio
Replied: 9/27/2011
Petit & Dommershausen SC | Tajara Dommershausen
You first need to terminate the parental rights of the biological father before any step-parent adoption can proceed.
Answer Applies to: Wisconsin
Replied: 9/27/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If the biological father does not consent to the adoption, his parental rights cannot be terminated by the Court (which is required for an adoption) unless he both has not been in contact with his child and has not supported his child for more than one year.
Answer Applies to: California
Replied: 9/27/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
You must either terminate the rights of the biological father or gain his consent for the adoption. After the parental rights have been terminated you may proceed with the adoption.
Answer Applies to: California
Replied: 9/27/2011
Jones & Williams | Elizabeth Jones
Yes. It is called a step parent adoption which can happen after terminating the bio fathers parental rights. Get a lawyer for this one. It can be a bit complicated.
Answer Applies to: California
Replied: 9/27/2011
Brubaker | Melanie
The bio-dad will need to sign a termination of his parental rights for this step-parent adoption. That is your quick answer. An adoption has many steps which need to be followed and I recommend that you meet with a family law attorney along with your husband and discuss this step-parent adoption.
Answer Applies to: Georgia
Replied: 9/27/2011
Ashman Law Office | Glen Edward Ashman
Maybe, if the father has failed to support or see the child. Your lawyer will need details to answer you, and adoptions certainly require counsel.
Answer Applies to: Georgia
Replied: 9/27/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
Only if you can prove the bio father has legally abandoned the child. Abandonment requires at least 6 mos. of no contact, no support, etc., without good cause.
Answer Applies to: Oregon
Replied: 9/27/2011
Law Office Of Jody A. Miller | Jody A. Miller
Yes, under certain circumstances, particularly if the bio father has not paid court ordered child support for at least one year and has not had a bona fide relationship with the child. However, the bio father will need to be served with the adoption petition. Seek the advice of a lawyer regarding how best to proceed.
Answer Applies to: Georgia
Replied: 9/27/2011
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
In most circumstances, no. However, if he has not paid child support or seen the child or attempted to see the child for a substantial time (generally at least a year or more), then it might be possible. You should consult an attorney in order to best determine your potential rights and options.
Answer Applies to: Florida
Replied: 9/27/2011
Lopez Law Firm | Jaime O. Lopez
It would first require an involuntary termination. If the Judge grants the termination, you could proceed with the adoption. There must be sufficient grounds for termination.
Answer Applies to: Texas
Replied: 9/27/2011
Correia-Champa & Mailhot | Susan Correia Champa
The biological father needs to consent to the adoption. If you do not know where he is then you can publish notification in the newspaper where he was last known to reside. But you need to make every effort to either find him or obtain his consent. An adoption cannot take place without following the notification requirements and/or consent.
Answer Applies to: Massachusetts
Replied: 9/27/2011
John E. Kirchner, Attorney at Law | John Kirchner
For a step-parent adoption, the bio-father's rights can only be terminated by consent or if the court finds that the father has wrongfully failed to provide financial support or has abandoned the child. You should consult an attorney to get an accurate assessment of your specific situation.
Answer Applies to: Colorado
Replied: 9/27/2011
Law Office of Michael W. Bugni | Jay W. Neff
Your new husband may be able to adopt your child. However, that is likely to depend on the biological father giving his consent to having his parental rights terminated. If he is unwilling to give than consent, then, it may be difficult to impossible to do the adoption, depending on circumstances.
Answer Applies to: Washington
Replied: 9/27/2011
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If the biological father has not consented, then his parental rights would have to be terminated by a separate court order. Generally, this can only be done if the biological parent has legally abandoned the child. I recommend you speak with an attorney to determine whether the facts of your situation are appropriate to consider an action for termination of parental rights.
Answer Applies to: Arizona
Replied: 9/27/2011
