step-parent adoption

[claude]

What is the name of your state? NY
I have a 5 year old daugther, and i have been married(not to the biological Father) for three years. The biological father is never there for my daugther and does not pay a dime for her, he doesn't even see her since she was a year old.He was also very abusive the time we were together and i send him to jail for domestic violence. I want my husband who is the only father she knows to adopt her. but the biological father does not want to sign the consent forms. I am very upset because he is a total stranger to my daugther.

P.S. on the birth certificate she has her biological father name
how can i have my husband who supports her emotinally and financially to adopt her without her biological father's consent.

[stealth2]

You would need to file for termination of his rights and then for your husband to adopt through the courts. I'd advise speaking with an adoption lawyer and not try doing it yourselves.

[claude]

o.k. Thanks. But do you think i have a safe shot of terminating his rights.
I am a little scared because he is very aggresive and i would like to do this without him knowing. is this possible?

[Nocgirl]

If he does not pay support and does not see the child, then you could probably have his rights taken away based on abandonment.

Don't let him talk you out of this. He is a deadbeat and tell him he needs to give up his rights, or you will go after him for child support.

[claude]

Thank you! I Will.

[brisgirl825]

Originally Posted by claude

o.k. Thanks. But do you think i have a safe shot of terminating his rights.
I am a little scared because he is very aggresive and i would like to do this without him knowing. is this possible?

Yes, he has to know. He must either consent to the adoption or he will have the right to go before the judge in the trial. Either way, notification must be sent, otherwise the adoption could be vacated on a technicality.