Can my husband adopt my daughter?

[Kandi Kane 83]

What is the name of your state (only U.S. law)? Montana
My daughters biological father has never had anything to do with her. My husband and I have been married for 5 years and he has always treated her like his own. But she is starting to get older and wants the same last name as us. My husband has always wanted to adopt her can he? If so how?
Also i don't know ifit maershatshe was born in California?

 

[RRevak]

What is the name of your state (only U.S. law)? Montana
My daughters biological father has never had anything to do with her. My husband and I have been married for 5 years and he has always treated her like his own. But she is starting to get older and wants the same last name as us. My husband has always wanted to adopt her can he? If so how?
Also i don't know ifit maershatshe was born in California?

At this point, your hubs cannot adopt without consent of the child father. Now, if the childs father has been completely absent, that means not a single phone call etc, you MAY be able to prove abandonment which might make an adoption easier but I'm going to be honest that something like that is a long shot. Your best bet would be to get yourself a reputable attorney as you wont be able to handle the adoption etc without one, locate the childs father and see if he will allow the adoption. If dad is willing to relinquish than your hubs and youself, along with the attorney, can begin adoption proceedings. But if dad isnt willing, unless you can work the abandonment issue (which again, is a LONG shot) then an adoption will not be possible. If its just the last name you're concerned about then how about simply petitioning dad to allow the child to change her last name? Might be a lot easier than an adoption...just an idea though

 

[Kandi Kane 83]

I think I might be able to work that out. He has had NO contact with me and recently I have tried to contact him and cant find him. I think he might have moved to LA but don’t know for sure. So it sound like that might be something to look in to. Thanks

 

[Kandi Kane 83]

Oh and he is not on the birth certificate and she has my maiden last name.

 

[RRevak]

I think I might be able to work that out. He has had NO contact with me and recently I have tried to contact him and cant find him. I think he might have moved to LA but don’t know for sure. So it sound like that might be something to look in to. Thanks

The most important part is for you to get that attorney. I cant stress that enough. TRUST me this is impossible otherwise. If you arent able to locate dad thats an issue as dad has to have SOME way to be notified of the possible adoption etc, even if its a post in a local newspaper. Your attorney will be able to explain all this to you and advise what is best for your situation. Good luck.

 

[Hisbabygirl77]

Oh and he is not on the birth certificate and she has my maiden last name.

I agree an attorney is needed. If you can't locate the father then they can do "serve" him by publication. Its really not a long shot at all. It will just cost you some money.