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Step parent adoption, and more

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

My daughter's father has a severe alcohol problem, and had supervised visitation. He rarely utilizes his parenting time. He saw her twice in 2014, one overnight at his supervisor's home, and one two-hour visit at the park.

My husband would like to adopt my daughter, and she would very much love this as well. However, her biological father says he will not allow it. Our one year anniversary is this weekend, and suddenly her dad wants to see her for the first time in over 8 months. We have a visit scheduled, but he usually doesn't show up to his visits.

Two parts:
1. My daughter is 9. Does her opinion matter, in what way, and if not now when? She doesn't want to see her real dad, but I have set up a visit anyway. If all else fails, can my husband adopt her when she's over 18? Would the opinion of a licensed therapist be included in a court case? Could her father's rights be terminated if the court decided it was in her best interest? (too much back story, but he has proven to be a danger to others, ask if more info is needed) I have dates and times of all visits he had denied or shown up drunk to for the past 6 years.

2. Our visitation schedule (should he decide to attend) no longer works. It was put in place when she was 3, and her life has changed much since then. Specifically, she has to go to bed at 7:30 on school nights, and there are weekday visits until 8:30 in our plan. He never shows up so I haven't bothered changing it with the court. If adoption isn't possible at this time, can I have our visitation plan reduced to a level that he actually sees her?

To be clear, I have tried for many years to facilitate a relationship between my daughter and her father, but he rarely shows up, and is usually drunk so we have to leave right away. My daughter has a strong bond with my husband, and he has raised her for the last 2.5 years. She desperately wants the same last name as her family, and I want her to be safe and feel secure.

If you need specifics let me know. I didn't want to write a novel. Thank you!
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Michigan

My daughter's father has a severe alcohol problem, and had supervised visitation. He rarely utilizes his parenting time. He saw her twice in 2014, one overnight at his supervisor's home, and one two-hour visit at the park.

My husband would like to adopt my daughter, and she would very much love this as well. However, her biological father says he will not allow it. Our one year anniversary is this weekend, and suddenly her dad wants to see her for the first time in over 8 months. We have a visit scheduled, but he usually doesn't show up to his visits.

Two parts:
1. My daughter is 9. Does her opinion matter, in what way, and if not now when? She doesn't want to see her real dad, but I have set up a visit anyway. If all else fails, can my husband adopt her when she's over 18? Would the opinion of a licensed therapist be included in a court case? Could her father's rights be terminated if the court decided it was in her best interest? (too much back story, but he has proven to be a danger to others, ask if more info is needed) I have dates and times of all visits he had denied or shown up drunk to for the past 6 years.

2. Our visitation schedule (should he decide to attend) no longer works. It was put in place when she was 3, and her life has changed much since then. Specifically, she has to go to bed at 7:30 on school nights, and there are weekday visits until 8:30 in our plan. He never shows up so I haven't bothered changing it with the court. If adoption isn't possible at this time, can I have our visitation plan reduced to a level that he actually sees her?

To be clear, I have tried for many years to facilitate a relationship between my daughter and her father, but he rarely shows up, and is usually drunk so we have to leave right away. My daughter has a strong bond with my husband, and he has raised her for the last 2.5 years. She desperately wants the same last name as her family, and I want her to be safe and feel secure.

If you need specifics let me know. I didn't want to write a novel. Thank you!
If the name is the important piece, why doesn't the rest of the family change their names to match the child?
 
It's more than that, as you can imagine. She wants my husband to be her real dad. I hadn't even thought about adoption until she requested daily that somehow he be her real dad.
 

Zigner

Senior Member, Non-Attorney
Adoption is never a do-it-yourself proposition. You would want to speak to a family law attorney in your area. I don't know your odds since the father has visited with the child in the last two years.

You don't mention child support. Has he been ordered to pay support? Is he able to pay support (whether ordered or not)?
 
I'm not counting on anything, I was just curious if she could demand to be adopted when she's an older teen, or if it would still be possible when she's an adult. Also, could I petition the court to have her last name hyphenated to include both last names?
 

Zigner

Senior Member, Non-Attorney
I'm not counting on anything, I was just curious if she could demand to be adopted when she's an older teen, or if it would still be possible when she's an adult. Also, could I petition the court to have her last name hyphenated to include both last names?
Once she's an adult, she could be adopted by anyone without having to have the consent of her parent(s).

ETA: No, she can't "demand" to be adopted by anyone. She could consent to it, but that doesn't mean it's going to happen.

As for the name change - you're going to have a tough road if her father doesn't consent.
 

Zigner

Senior Member, Non-Attorney
Okay thanks. I thought at 16 or 17 a child could be emancipated from one or both parents, but I have no clue how it works :)
Emancipation wouldn't do what you hope: http://www.michiganlegalaid.org/library_client/resource.2006-03-07.2109843506/
 

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