How can my husband adopt my daughter if I have a protection order? 20 Answers as of June 07, 2011

I have been given a protection order for my daughter and myself two years ago. Her father has not had anything to do with her in 2 years. She is 2 and a half now. Since we were given our protection order by the judge in Alabama I have been married. My husband wants to adopt my daughter. He is the one that provides for her. Her dad does not pay anything. What do I need to do in order to get this all taken care of? Thank you for your time!

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
To accomplish your objective, you need to terminate his parental rights or get his consent, then adopt. Stay well.
Answer Applies to: Alabama
Replied: 6/7/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
File a Petition for Step-Parent Adoption and commensurate with that, ask to terminate bio Dad. Hopefully he will agree. If not, you have to terminate by force which is done by serving bio-dad, showing he pays no support even though he could (this is a ground for termination) you could use one of the others, there are approximately 15 to choose from, but use one (or more) that fit.
Answer Applies to: Texas
Replied: 6/7/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your child's father has known your contact information, i.e., known where to pay support to support his child, where to contact his child, but failed to do both for over a year, your husband will likely be able to adopt your child and terminate the child's father's parental rights.
Answer Applies to: California
Replied: 6/7/2011
Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
I am an attorney licensed in Minnesota, so I cannot advise you about Alabama law regarding adoption and custody. I strongly suggest that you contact an attorney in the state where you reside to obtain legal advice and representation. Most attorneys will provide a free initial consultation.
Answer Applies to: Minnesota
Replied: 6/7/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
I am not sure which state you are in but generally speaking, the biological father's parental rights must first be terminated and then your husband can adopt.
Answer Applies to: Connecticut
Replied: 6/6/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    You would need to petition the court to terminate parental rights of the biological father. After the rights are terminated, your husband may petition the court to adopt your daughter. You should consult with an attorney to better assist you in this matter.
    Answer Applies to: California
    Replied: 6/6/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    A protection order has nothing to do with parental rights or adoption. Your husband can pursue a stepparent adoption in CO if both you and the father consent to the adoption. A stepparent can also adopt in CO even if the other biological parent objects provided he has failed to support the child for one year before the petition is filed and/or has abandoned the child. No matter what, you will need to notify the father of the stepfather's case. You will need to consult an attorney to determine whether your facts will support termination of the father's rights due to nonsupport or abandonment.
    Answer Applies to: Colorado
    Replied: 6/6/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    See an adoption attorney.
    Answer Applies to: Washington
    Replied: 6/6/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    You will probably have to terminate the biological father's rights before your husband can adopt your daughter. However, if you were never married to the biological father, and he was never adjudicated as the father, that might be different. You may also be able to have your husband adopt your daughter, if the biological father is willing to sign a consent to adoption. You may have difficulty getting the ball rolling if the biological father lives in a different State.
    Answer Applies to: Minnesota
    Replied: 6/6/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    The natural father's parental rights would need to be terminated before the child is free for adoption.
    Answer Applies to: Connecticut
    Replied: 6/6/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Your matter involves a step parent adoption. I would recommend that you retain a family law attorney in your state and community. I can only tell you about our state and how we handle step parent adoptions here. While I would need more of the facts for such a step parent adoption, it appears that, at least in Georgia, it would be worth it for you to hire a family law lawyer who has handled this type of step parent adoption case before, and meet with him or her to discuss all the facts and your rights and options. If the biological parent has had no contact or paid no support in over two years, then this appears to be a good candidate for you to take to a family law lawyer. Good luck!
    Answer Applies to: Georgia
    Replied: 6/6/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The only way to proceed with an adoption is to first seek to terminate the biological parent's rights, To do so, he must be served with the action and provided the opportunity to contest the termination in court and, ultimately, as part of a trial.
    Answer Applies to: Minnesota
    Replied: 6/3/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    This question is a little more complicated than one that can be answered in an email, but if the biological father hasn't had anything to do with the child and hasn't paid child support in two years, there is a possibility that your husband can file an adoption petition and be successful in the adoption without the biological father's consent, but he would have to be served with the petition.
    Answer Applies to: Georgia
    Replied: 6/3/2011
    Naomi Hirayasu Attorney at Law
    Naomi Hirayasu Attorney at Law | Naomi Hirayasu
    I am assuming your daughter has been living in Hawaii for the last six months. Hawaii judges prefer it if the natural father consents. I assume the natural father signed a Voluntary Establishment of Paternity and is listed on the birth certificate as father? If natural father is served with notice of the proceedings, and fails to attend the hearing the adoption can be granted by default. If he does enter an appearance and resists the adoption, the judge may allow it, but I cannot guarantee it. Sometimes we can negotiate with the natural father. If he knows his child support obligation will end with the adoption, he may be more willing to consent. Do give me a call if you like, I would be more than happy to address any other concerns you might have.
    Answer Applies to: Hawaii
    Replied: 6/3/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    You will need to file a petition for adoption. The biological father can then voluntarily consent to termination of parental rights. If he does not do so, you can seek termination in Court. I wrote an article relating to this issue on Facebook and on my homepage blog.
    Answer Applies to: Washington
    Replied: 6/3/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    It will take a close look at the adoption statute.
    Answer Applies to: Oregon
    Replied: 6/3/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    A step parent adoption is not an automatic thing. The child's father must be given notice of your intent as part of the process. Many fathers, when told the child support meter stops with the adoption go along if they have no involvement with the child. I hope this works for you. please contact an attorney local to you for specific information on how to create your new family.
    Answer Applies to: Ohio
    Replied: 6/3/2011
    The Grigsby Firm
    The Grigsby Firm | Sherlock Grigsby
    Before your new husband can adopt the child the child's father will have to relinquish/terminate his parental rights. You can request that the father do this voluntarily or you can have the matter adjudicated in a contested proceeding in court. You should speak with an attorney prior to taking any steps.
    Answer Applies to: District of Columbia
    Replied: 6/3/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Step one to do an adoption is to get an experienced lawyer. If the father is not supporting the child, it may be possible to terminate his rights.
    Answer Applies to: Georgia
    Replied: 6/3/2011
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