Failure to visit a child does not constitute abandonement. If the Biological Father does not agree to the adoption, you will have a difficult time. If he does not agree, the best idea might be to serve him the Petition alleging that he is unfit and hope that he does not respond, which in effect constitutes a default. However, a default is easy to set aside. Absent his agreement, you should not try to do this without hiring an attorney.
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If the biological father was confronted with a child support action, he might see some value in allowing an adoption. On the other hand, he might demand visitation, although he would face an investigation over how much contact is appropriate if he chose to do so. You would need an experienced family law attorney to pursue this course.
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Your question can be better answred by in the adoption forum. Step-parent adoptions are easier and less expensive thatn other adoptions. See my AVVO Legal Guides on child custody and adoptions for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.”
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