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Can my husband adopt my daughter even if the biological father has supervised visitation?

Cobleskill, NY |

my husband and i have been married for 2 yrs and together for 5 yrs. he wants to adopt my daughter as his own as well as change her last name to his. 2 questions... is it possible to change her last name to his since right now it is my maiden name with out having to adopt her? and also the original question can he adopt her even tho the biological father has visitation? the biological father hasnt yet started visitations but it has been ordered through court until the therapist we have requests that it isnt safe for my daughter to have visitations with him. im trying to figure out what i can do so that i can keep my daughter from harms way and so that it doesnt cause her any trauma. any help is helpful thank you!!!

Attorney Answers 4

Posted

The biological father would have to give his consent for your husband to adopt your daughter. Same goes for changing her last name - that would have to be done through the court system and the biological father would have to be notified of the proceeding and he would have the right to appear and object.

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5 comments

Asker

Posted

would the biological father have to have a good reason to object, or could he object just because he can?

Jean M. Mahserjian

Jean M. Mahserjian

Posted

He can object because he is the biological father and the provides him with certain rights that cannot be taken away without his consent. Is he paying child support? Would he consent if he did not have to pay support? That is sometimes the way to get consent.

Asker

Posted

i would love nothing more than to cancel child support and make him go away. im trying to make this as comfortable to my daughter as possible because her last name is different from ours i dont want her to feel left out. shes only 4 yrs old. would i be able to cancel child support payments so that i could terminate rights??

Jean M. Mahserjian

Jean M. Mahserjian

Posted

He would have to agree

Asker

Posted

ok thank you for your help i appreciate it!!!!

Posted

Your husband cannot adopt and you cannot change your child's name unless her biological father consents.

I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Before your daughter could be adopted there would have to be a termination of the biological father's parental rights. The termination would mean he has no right to custody or visitation and no obligation to support the child. If the biological father agrees to the termination, then it is relatively straightforward to have a step-parent adoption. If he does not agree, you would have the burden of proof as to why his rights should be terminated - and it is a very high burden.
He would also have to consent to the name change.

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Posted

Husband can not adopt unless the biological father's parental rights are terminated. If he has supervised visitation, then he still has parental rights. Make sure you receive child support from him, his rights goes along with parental obligations. Child support is dues until his parental rights are terminated.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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3 comments

Asker

Posted

if i terminate child support then can i terminate rights?

Jayson Lutzky

Jayson Lutzky

Posted

No, all rights must be terminated visitation, custody and child support.

Asker

Posted

ok thank you very much for your help!!!

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