Getting Married, Stepdad would like to adopt my daughter

[strathywins]

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

My fiance and I are planning to get married sometime in 2011. My daughter is not his child. She is 8 months old will be 9 months old on the 30th of December. Her father and I have joint legal custody and I have physical custody. After my fiance and I marry can my soon to be husband have any legal rights to my daughter? Can he adopt her?

 

[Proserpina]

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

My fiance and I are planning to get married sometime in 2011. My daughter is not his child. She is 8 months old will be 9 months old on the 30th of December. Her father and I have joint legal custody and I have physical custody. After my fiance and I marry can my soon to be husband have any legal rights to my daughter? Can he adopt her?

Not without Dad's consent.

 

[Antigone*]

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

My fiance and I are planning to get married sometime in 2011. My daughter is not his child. She is 8 months old will be 9 months old on the 30th of December. Her father and I have joint legal custody and I have physical custody. After my fiance and I marry can my soon to be husband have any legal rights to my daughter? Can he adopt her?

No and no. Your daughter already has a father. Your boyfriend will be a legal stranger and will have no rights to your daughter.

 

[Proserpina]

OP, you really are intent on getting rid of your ex, aren't you?

What is with that?

 

[Isis1]

OP, you really are intent on getting rid of your ex, aren't you?

What is with that?

Hmmmmm. I smell a posting history!

 

[strathywins]

How does wanting my soon to be husband to have rights to my daughter have anything to do with getting rid of someone? I am not trying to get RID of anyone. I am simply wanting to know if I happen to croak would my daughter ever get to see the man that has been in her life since she was born. Just a simple, justifiable question.

 

[Proserpina]

How does wanting my soon to be husband to have rights to my daughter have anything to do with getting rid of someone? I am not trying to get RID of anyone. I am simply wanting to know if I happen to croak would my daughter ever get to see the man that has been in her life since she was born. Just a simple, justifiable question.

Because adoption would completely REMOVE her FATHER from her life.

No, your new hubby would have no legal rights to the child whatsoever. He could play nice with Dad and request access, but Dad is under no obligation at all to comply with any such request.

 

[strathywins]

I didn't know that adoption would remove her real father from her life. I didn't know that.

 

[Proserpina]

I didn't know that adoption would remove her real father from her life. I didn't know that.

He would have no more rights to her than I do. He would, effectively, no longer have a child. Adoption is a very serious matter - the rights and responsibilities of the parent are completely removed (with the occasional exception of lingering child support arrears, which may survive the adoption).

I strongly suggest you read through some old posts here - it's an enlightening experience!

 

[strathywins]

I would never want to remove her real father from the picture. I just wanted to see if there was a way for my fiance to have some sort of rights.

I guess my guy will have to get on my daughter dads good side. Will work on that.

 

[ecmst12]

Your child can only have one mother and one father. Your husband will be stepdad and will have no legal rights, but there is nothing wrong with that. He can still be a good role model and supportive person in her life. He just won't be her dad. And as long as you and he both remember that, there won't be any problems!

 

[mistoffolees]

I would never want to remove her real father from the picture. I just wanted to see if there was a way for my fiance to have some sort of rights.

Your fiance will have all sorts of rights after married:

- The right to love the child and set an example for her
- The right to spend all sorts of time with the child since you're CP
- The right to go to the child's activities at school
And so on.

He just won't have the right to squeeze Dad out of the picture.

 

[Ohiogal]

I would never want to remove her real father from the picture. I just wanted to see if there was a way for my fiance to have some sort of rights.

I guess my guy will have to get on my daughter dads good side. Will work on that.

Have you READ what you have posted? Because quite frankly you are all about wanting to move dad from the picture in all of your posts.

 

[LeemonGator]

OP-

Depending on your states laws, you will need the dads consent to an adoption. Without the consent you will need very extreme circumstances to get an adoption. In my case, my child has not seen his father in many years, and I am currently fighting for a stepparent adoption. Without consent, it is highly likely that my petition will be denied because I have received child support from dad.

Put simply, a natural parents rights to the child are protected by constitution and it is very difficult to get past this.