My husband would like to adopt my daughter, what all do we need to present our case? Does my ex stand a chance to fight it?

Asked 10 months ago - Bonham, TX

In May of 2012 I left my daughter's bio dad because he was abusive and detrimental to us both. Our daughter was 2 months old at the time. Now she is 18 months old and her bio dad has not seen her for a year and has never made any kind of effort to contribute to her raising financially or otherwise. My husband has been providing for her and raising her as his own and would like to adopt her. We have never brought up child support or anything else with my ex, and neither has he. I have not made any attempts to arrange visits with my daughter and her bio dad because I don't think he is stable and I feel very unsafe around him. I don't want him in my daughter's life at all. Thank you

Attorney answers (3)

  1. Benjamin Jacob Carrasco

    Contributor Level 8

    2

    Lawyers agree

    1

    Answered . You must terminate the parental rights of the biological father before your husband can adopt the child. A petition for adoption by a stepparent is typically joined with a suit to terminate the parental rights of the other biological parent. Frequently, the other parent has consented to have his or her parental rights terminated. However, your ex can certainly fight it. Terminating parental rights is not something courts do lightly and you must have compelling grounds--proven by "clear and convincing" evidence--to terminate parental rights. Your ex's failure to support the child and apparent abuse of you and the child could, depending on the facts and evidence, constitute grounds for terminating his parental rights. If he does not consent to have his rights terminated or you are otherwise unsuccessful in terminating his rights, then you can certainly go after him for child support. To do this, you will need to file a suit affecting the parent child relationship. The court will require your ex to produce copies of his tax returns, pay stubs and any other documents evidencing his income for at least the past two years. He will have to pay 20% of his net resources in child support to you (usually on a monthly basis). If you decide to initiate any legal action against your ex--particularly a suit to terminate his parental rights--you should retain an attorney.

  2. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Maybe the bio will cooperate and give his blessing to avoid 18 years of child support.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more
  3. Edward Brandon Beckham

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Attorney Carrasco has provided you some great general info, which I would not add to. It is always advisable to consult an attorney regarding your case specifics.

    This is not legal advice. This response is provided for general information only, as a public service. It is not... more
Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Or@2x
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now