I left my ex-boyfriend when my daughter was 2 because he was extremely abusive. I pressed charges on him as well. I am now married to my husband and have been together since my daughter was just turning 3. she is now 5. She only knows my husband as being her father. I was receiving child support for a few months and then it just stopped. I haven't received child support in over a year now. I recently found out that my case for child support was closed without my being notified. My question is with my ex having numerous charges and arrests for drugs, and at least 2 charges and arrests that I know of for domestic violence, can my husband adopt my daughter without his consent? I know he will not voluntarily sign a consent form just out of spite.
Yes, your husband can adopt your daughter. A judge will probably hold a hearing before terminating your ex-boyfriend's parental rights over your daughter though. You can present your evidence against him at that time. It's up to you to make sure he (ex-boyfriend) is formally served and notified so he has a chance to attend the hearing. Go to your local courthouse and see if they have any self-help family law forms you can fill out to start your case.
Before your husband can adopt your daughter, you will need to attempt to have the biological father's rights terminated. If the biological father doesn't respond to your petition to terminate rights or appear at the hearing, then a judge will probably terminate his rights. I don't have great confidence that a judge will terminate his rights if he contests the petition, though, despite the evidence you have. You may want to speak to a lawyer.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Your husband can only adopt your child if a termination of parental rights of the bioligical father is obtained in a Court of law. A lot of jurisdictions will not just terminate parental rights because he is a bad guy. You will need to work with an adoption attorney who will explain the process to you on terminating a biological father's rights.
You may be able to terminate his rights, even if he objects, based upon abandonment. I would suggest you speak with an attorney experienced in adoption law.
Madonna M. Finney
Board Certified Adoption Lawyer
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