Adopting my Stepdaughter (MN)

[smiller30]

Through marriage I am stepfather to my wife's daughter. Her father is not part of her life at all and he decided not to represent himself in court (not divorce, annulment or legal separation) and the court went in my wife's favor which gave her full legal and physical custody. I am considering adopting her. Does the father have any right to prevent this from happening? If so, how can I dispute that? He is mentally and emotionally not capable to care for her and doesn't have adequate shelter or money to support her. He was paying the county for very little support but now became unemployed. If he cannot dispute it, what would it take and cost to adopt her?What is the name of your state (only U.S. law)?

 

[Proserpina]

Through marriage I am stepfather to my wife's daughter. Her father is not part of her life at all and he decided not to represent himself in court (not divorce, annulment or legal separation) and the court went in my wife's favor which gave her full legal and physical custody. I am considering adopting her. Does the father have any right to prevent this from happening? If so, how can I dispute that?

You cannot.

If he contests the adoption, the court will decide.

He is mentally and emotionally not capable to care for her and doesn't have adequate shelter or money to support her.

This doesn't mean he cannot successfully object. When was the last time he saw the child?

He was paying the county for very little support but now became unemployed. If he cannot dispute it, what would it take and cost to adopt her?What is the name of your state (only U.S. law)?

You and your wife need to speak with a local adoption attorney.

 

[Isis1]

Through marriage I am stepfather to my wife's daughter. Her father is not part of her life at all and he decided not to represent himself in court (not divorce, annulment or legal separation) and the court went in my wife's favor which gave her full legal and physical custody. I am considering adopting her. Does the father have any right to prevent this from happening? If so, how can I dispute that? He is mentally and emotionally not capable to care for her and doesn't have adequate shelter or money to support her. He was paying the county for very little support but now became unemployed. If he cannot dispute it, what would it take and cost to adopt her?What is the name of your state (only U.S. law)?

to be perfectly honest with you, yes he still has the right to dispute an adoption. there are certain guidelines to adopt in a consented adoption.

mom's best chance is to ask dad. he might just sign off. get an attorney to review the paperwork. make sure everything in on the up and up.

if dad says no, then mom can move forward with a contested adoption. meanwhile, giving dad the opportunity to meet and form a bond with the child. now, that could be a good thing.

or there is just the option of leaving things as they are. and do an adult adoption when the child is 18.

 

[mistoffolees]

to be perfectly honest with you, yes he still has the right to dispute an adoption. there are certain guidelines to adopt in a consented adoption.

mom's best chance is to ask dad. he might just sign off. get an attorney to review the paperwork. make sure everything in on the up and up.

if dad says no, then mom can move forward with a contested adoption. meanwhile, giving dad the opportunity to meet and form a bond with the child. now, that could be a good thing.

or there is just the option of leaving things as they are. and do an adult adoption when the child is 18.

People often insist on doing something that really doesn't need to be done. Adoption does create some problems. OP needs to be aware that if he divorces his wife, he could end up paying child support for this child until s/he's 18. AND, if they divorce, OP could end up with custody and Mom might not. I doubt if either of them has considered those possibilities.

And there's little advantage to adoption in this case. Dad is already completely out of the child's life and isn't in their way at all. And if something happens to Mom, MN recognizes de facto parent status which would almost certainly apply:
https://www.revisor.mn.gov/statutes/?id=257C&view=chapter

I would suggest that they start by sitting down with an attorney and discussing the pros and cons before deciding to do anything.

 

[smiller30]

Adopting my stepdaughter

The father hasn't seen her in several months. He never calls to talk to her. She has no real memories of her dad at all. He has no legal or physical custody of her. He refused to go to court when the mom requested he get parenting time. He doesn't have a job now and doesn't have a place yet alone a bed to sleep on. Thanks for your help!

 

[Proserpina]

The father hasn't seen her in several months. He never calls to talk to her. She has no real memories of her dad at all. He has no legal or physical custody of her. He refused to go to court when the mom requested he get parenting time. He doesn't have a job now and doesn't have a place yet alone a bed to sleep on. Thanks for your help!

Several months counts for nothing.

Perhaps he's trying to get back on his feet.

Just a thought.