My Fiancé Wants to Adopt my Child, Where Do We Start? Do We Need to Hire an Attorney?

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“I live in the state of Florida and my daughter, who is 2 years and 5 months old, was born here in the state of Florida. Her father and I were engaged to be married but broke up 4 months before she was born. He is in the army and was in the state of Hawaii through out my whole pregnancy. He never called to see if or when she was born. He has never even seen her till this day. I met someone when she was 3 months old we have been together ever since and he has taken on the responsibility of being her father. Her Bio-father was found finally by child support in April of 2006. He then pulled the DNA card at witch point she was proven his and he forced to pay child support. Since the court order, he has only paid about 3 months of child support and still not phone call to see how she is doing, nothing. In December of 2006, I learned through a phone call to his Srgt. concerning child support, that he was incarcerated through the army and is currently still in jail. Since she was born he never tried to be a father no birthday or X- Mass cards, no concern what so ever as to her well being. My fiancee wants to adopt her. He loves her like his own. He has been there for all the doctor appointments, first shots, first word, first step, first everything. Will adopting her be expensive, and what about her bio-father. He never did sign her birth certificate. We are planning to get married in the fall of 2007 and wanted to add adoption to celebration.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

In order for your fiance to adopt, the parental rights of the biological father will need to be severed. You might try asking him if he would be willing to give up his parental rights – it sounds like he does not have a relationship with your daughter anyway, and might be willing to do that. There are many online sources for adoption papers, but having an attorney to guide you through the process would save much more in aggravation. Additionally having someone speaking for you (an attorney) would likely take away any emotional/heroic change of heart on the part of biological father to get back into your daughter’s life, just because you want him out.

Biological father could potentially make things difficult for you if he contests the parental termination. An approach that makes it easy for him to see the benefit to him will be your best bet.

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Author: House Attorney

A house attorney has answered this question.

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