Step-Parent Adoption/ Refusing Bio-Father

[kmdstewart]

What is the name of your state? Maryland

I apologize if this post is at all redundant. I am married with two children. My oldest child, a daughter, is from a previous relationship (not married). When she was 2 months old her biological father moved out and I, in turn, met, married and had another child with her step-father.

My husband very much wants to adopt our daughter, but unfortunately, despite having not seen her in over a year and never having paid child support, her biological father refuses to sign over any parental rights. I've even told him that he could still have visitation- I just want her to Legally be protected in case something should ever happen to me... neither her step-father nor I could bear the thought of her being separated from him and her brother if I were to die.

My questions:
1/ Is there a legal document I can create that will protect her in case of such a situation? (I'm traveling for business next month extensively.)
2/ Do I need a lawyer? If yes, how much would that cost? And how long would it take? Can this be handled through family mediation?
3/ What should I be doing/ documenting now that will prepare us for that battle?

My husband has paid her insurance, supported her 100% (I was a stay-at-home mom), and been her "Daddy" since she was 6 months old.

 

[tigger22472]

If dad has been contacted and has refused then there is little you're going to be able to do. You might meet your state requirements for abandonment but even then he would still have the right to be informed and if he contested then it's a battle to fight.

There is nothing you can write up or put in a 'will' or anything else.

My suggestion is contact a lawyer for a free consult and get an opinion there on the abandonment issue but I'm not sure if you qualify. The lawyer would also be able to tell you how judges in your area look at this sort of thing.