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Can my fiancé adopt my daughter when we get married?

Gurnee, IL |

I was curious to if my fiancé could adopt my daughter when we get married. Or is her biological father going to be an issue with this? What can I do?

Paternity has been established I have sole custody and he can not see her at this time, he is a registered sex offender in work release. He is going to be paying child support any time, we went to court on July 7th.

Attorney Answers 3

Posted

There is no way to know. If the child's father will consent to the adoption, it can be a relatively quick and easy process. If he does not consent, it can be a very long and difficult process. Only you can guess whether the father will have a problem with an adoption.

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Asker

Posted

Okay so I know he will have a problem, will that make it harder and is there still a way for my fiancé to adopt her

Sara R. Howard

Sara R. Howard

Posted

If the father can be shown to be unflt, then his consent is not needed. A finding of unfitness is very statute specific and the facts will determine whether you will be successful. As I stated in my answer, you should consider speaking with an attorney who can guide you on this matter.

Posted

Yes, it is possible for your fiancé to adopt your daughter; this can be done either before, or after you marry, although being married to each other is preferable. With regard to the biological father, if he is willing to consent to the adoption, there should not be a problem. If the father is not willing to consent, then you either need to decide whether adoption is a viable plan or not. It would be best if you consult with any attorney who is well versed in adoption law and procedure to determine your best course of action. I have changed the practice area of your question to 'adoption', Many attorneys, including me, offer a free consultation on such matters.

Sara Howard is an attorney licensed to practice law in Illinois since 1983. Her practice concentrates primarily in adoption and family law as well as landlord tenant & real estate law. She is currently a member of the Chicago Bar Association's Adoption Law Committee, and a former bank attorney . Any response to a question on AVVO does not constitute an attorney client relationship, but is general information based on the limited information provided. Free initial consultations are offered.

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Asker

Posted

Thank you.

Asker

Posted

Sent you an email.

Sara R. Howard

Sara R. Howard

Posted

Got it,

Posted

Yes, he can. Call a lawyer and get some advice.

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