stepdad wants to adopt, biodad willing to sign

What is the name of your state? NM

We would really like for my husband to adopt my 7 yr old daughter. I've asked the bio dad in the past if he would be willing to sign over rights, and he said he would. Although, if he fights it, I'm not sure how far he will get - he hasn't seen her in almost 6 years. He's never called, wrote a letter, sent a bday card - every so often we get child support, but that is only because his sparse wages are garnished (he doesn't work mainly for the fact that child support will be garnished from it).

We really don't have the money to hire a lawyer, but can probably manage the court fees and the like. Any suggestions on how to get started with this and do it on our own?

Also I'm just curious...is ethnicity often an issue? I'm white, my husband is white - but my daughter is 1/4 Mexican and 1/4 Navajo Indian (with a census number).

Thanks!

This adoption may be more complicated then a regular adoption because of the indian heritage. If you have the bio-fathers consent then it will probably be a breeze. But if the bio-father fights it, he could use the bureau of Indian Affairs to help him. They will even pay for his lawyer. I went through this when my Indian husband took me to court. The bureau supplied him with a couple attoneys and they even had their own there. I would definately do more research on this before going through with it. Maybe get a consult with an attorney that has knowledge of dealings with BIA. Good luck

Thanks for the warning. I was afraid that BIA might get involved. Although, I'm fairly confident that he is too dense to even figure out how to get that help. And he is completely estranged from any Indian relations - he hasn't seen his family or been on the reservation since he was a little boy.

Also, I should have mentioned before - he has a criminal record. This will surely be to my advantage right? Its some pretty serious stuff (tried, but not convicted, for murder) as well as other stuff...vandelism, DUI's, assault, etc. Great guy, eh?

discojo said:

Thanks for the warning. I was afraid that BIA might get involved. Although, I'm fairly confident that he is too dense to even figure out how to get that help. And he is completely estranged from any Indian relations - he hasn't seen his family or been on the reservation since he was a little boy.

Also, I should have mentioned before - he has a criminal record. This will surely be to my advantage right? Its some pretty serious stuff (tried, but not convicted, for murder) as well as other stuff...vandelism, DUI's, assault, etc. Great guy, eh?

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Well when there is an adoption of an Indian child I believe BIA has to get involved even if the father is too dense to realize they could, It has to do with heritage and such. The courts have to inform BIA..I think..this is something you should definately look into. And I'm not sure if the non conviction of a murder will help you much. If theres no conviction then you can't assume the guilt of it. But if he is a danger to the child and you can prove it, get an attorney. In California I was told the most it would cost for a contested adoption is about $3,000 for attorney fees. I'm not sure what your laws are. Look into the family laws. Your best bet is to get his consent. Good luck to you!