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  #1  
Old 03-10-2009, 01:34 PM
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My fiance wants to adopt my daughter


What is the name of your state (only U.S. law)? New York

My fiance and I have been together for about 6 years. We are planning on getting married within a couple weeks. My soon to be husband would really like to legally adopt my 10 year old daughter.
Her bio father is on the birth certificate, there was never a paternity test and he has never paid child support and never been in her life whatsoever. He also lives in a different state (maryland).
Im wondering once my fiance and I are married what we have to do for the adoption to happen. Any help, advice would be very much appreciated! Thank you )
  #2  
Old 03-10-2009, 03:09 PM
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Be married for at least a couple of years. Dad will have to give his permission for the adoption, after a paternity test is performed. This is not a DIY, you will need an attorney to make sure everything is done correctly.
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  #3  
Old 03-10-2009, 03:17 PM
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Quote:
Originally Posted by momoftwinboys07 View Post
What is the name of your state (only U.S. law)? New York

My fiance and I have been together for about 6 years. We are planning on getting married within a couple weeks. My soon to be husband would really like to legally adopt my 10 year old daughter.
Her bio father is on the birth certificate, there was never a paternity test and he has never paid child support and never been in her life whatsoever. He also lives in a different state (maryland).
Im wondering once my fiance and I are married what we have to do for the adoption to happen. Any help, advice would be very much appreciated! Thank you )
Has there been a child support order?
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 03-10-2009, 03:40 PM
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Quote:
Originally Posted by Ohiogal View Post
Has there been a child support order?
No, there was no child support order. I felt threatened by him, and
chose not to. I am not sure whether that will help us or not.
  #5  
Old 03-10-2009, 03:57 PM
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Quote:
Originally Posted by momoftwinboys07 View Post
No, there was no child support order. I felt threatened by him, and
chose not to. I am not sure whether that will help us or not.
Well apparently he established paternity by signing the AOP or he wouldn't be on the birth certificate. Hence you could most likely get a finding that he abandoned his child by not seeing her in ten years when he knew he had a child. YOu will need an attorney however. Without a child support order he legally owed you nothing.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 03-10-2009, 04:35 PM
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Quote:
Originally Posted by Ohiogal View Post
Well apparently he established paternity by signing the AOP or he wouldn't be on the birth certificate. Hence you could most likely get a finding that he abandoned his child by not seeing her in ten years when he knew he had a child. YOu will need an attorney however. Without a child support order he legally owed you nothing.
Yes, I figured that - he was dangerous at that time, and I was young (18)
- I wish I had handled it better as far as his rights, etc. I do not believe he would object to her being adopted now, Im just a little concerned of "stirring the pot" and want to do things right.
Im wondering eventhough he signed the parentage form - he hasnt been present for 10 years of her life, so will he have any say?
I guess Im just wondering if we need a lawyer for this, and what my first move should be once we are married?
I really appreciate your answers and advice here!
  #7  
Old 03-10-2009, 06:53 PM
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Quote:
Originally Posted by momoftwinboys07 View Post
Yes, I figured that - he was dangerous at that time, and I was young (18)
- I wish I had handled it better as far as his rights, etc. I do not believe he would object to her being adopted now, Im just a little concerned of "stirring the pot" and want to do things right.
Im wondering eventhough he signed the parentage form - he hasnt been present for 10 years of her life, so will he have any say?
I guess Im just wondering if we need a lawyer for this, and what my first move should be once we are married?
I really appreciate your answers and advice here!
Yes he would have a say. YOU would HAVE to serve him. You would need to be married. And your first move would be hiring an attorney who specializes in adoptions.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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