help! contested adoption

[kimgg546]

What is the name of your state?OHIO
I have a 9 year old daughter from a previous relationship.was not married to him. my husband now has been taking care of my daughter for 7yrs.He is all she knows as a father.Her bio father hasn't seen her since she 5mos old.
and just recently started to send child support.but has extensive criminal record and is in the arrears $20,000.my husband and I filed for my daughter to be adopted by my husband. but the ex decided to contest the adoption.which he will be present at.I already dished over about $2,000 in lawyer fees how much more can this cost? and does he have rights even though he hasnt seen her 8 1/2 yrs?i think he only started paying because they already revoked his license. need advice.

 

[CooL BrEEz]

I am not an attorney but I do know this, in most states if your ex-husband has had no contact with the minor, and the stepfather has assumed the role and responsibilities as the father, then that is called equitable adoption and the rule is: Equitable adoption" (also called "putative" or "constuctive" adoption) occurs in the situation where a parent makes certain promises or acts in a certain manner so as to create a contract between the parent and child. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain things that result in the adoption of another person as his/her child even though there is no court order establishing the adoption. For example, a parent could take a minor into his/her home, and act as if s/he is the parent of the child for many years, all without ever going to court to formalize this arrangement. In such a situation there is no court order which formally states that the rights and obligations of the natural parents have been terminated and that the adoptive parents must assume these obligations and rights. Instead of being a matter of law, the principles of equity hold this parent as if s/he had formally adopted the child.

Don't sweat it, if your ex has a lengthy criminal back ground the judge will most likely rule for termination of parental rights on the grounds of:
(1) Abandonment -- Lack of routine contact with the child that promotes and fosters the parent child bond.
(2) Criminal History -- If the parent that parental rights are being considered for involuntary termination has a criminal background showing a pattern of disregard for societal rules and the criminal history is such that it contains crimes of a violent nature or crimes involving moral turpitude, then termination of parental rights is appropriate.
(3) Who does the child relate to as daddy?

Good luck...hope all goes well for you, your husband, and most of all for your daughter!

 

[kimgg546]

She knows my husband is not her bio father.she started calling my husband
daddy at the age of 2. We will be going to court Nov 15 2005.I'm just trying to prepare myself and my family so as much info I can get is appreciated.
My daughter wants to be adopted does she have any say so in the matter?

 

[Hopkins306]

My daughter wants to be adopted does she have any say so in the matter?

usually not unless she is 16 or older or the judge wants to hear what she wants.
did the court start making your ex pay child support or is it voluntary?

 

[CooL BrEEz]

Two of my three kids are adopted. Each child has a different biological father. One of the natural father's contested the adoption. His assertion: "their mother would not let me see them so I stayed away so no trouble would get started." But the clown could not give the judge a reasonable explanation why he did not pay support for the child if he truly cared about her welfare. His answer: Who was I supposed to pay it to" , the judge chuckled and replied:"the depository that is listed on the support order"

The judge talked to both kids (ages at the time 5yr and 4yr) and asked them who is their daddy...they both looked over at me, pointed and giggled..."there he is!"

One of the best moments of my life!