I have Legal custody over her. Her bio dad was denied joint legal custody. just need to know what i need to do so my husband can adopt her.
I am an adoption attorney in the Commonwealth of Pennsylvania. I am not licensed in CT or a state other than Pennsylvania. Adoption laws vary tremendously from state to state. I would suggest you contact the Probate court in the County where you reside to talk about the steps necessary to process a step-parent adoption in your court system. In any adoption of a child, the first step is terminating the rights of the other parent. Also, a good resource for you is the website: adoptionattorneys.org. Click on CT on the map of the U.S., and you will find a list of Fellows in the American Academy of Adoption Attorneys licensed in your state. I wish your family good fortune in finding permanency.
There are forms available from the probate court or online that you need to complete. If all parties are in agreement as to the TPR and the adoption, I believe that some of the forms are streamlined to enable that type of process.
Contact your local probate court. They are usually most helpful.
It is a two step process.
1. For a child to be adopted the child must be "freed" for adoption. In your case that requires the biological father to consent to the termination of his parental rights.
2. Assuming he consents - your are on to the adoption phase. The Probate Court will require that DCF perform an adoption study on the proposed adoptive parents. This study will take at least 2 months. If DCF supports the adoption its a virtual certainity that the Probate Court will approve the adoption. If DCF does not support the adoption, you will need to review the DCF Study to determine why. You will then have the burden of convincing the Probate Court as to why the adoption is in the child's best interest.
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