Fiance wants to adopt my kids, do their fathers have to grant permission?
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Fiance wants to adopt my kids, do their fathers have to grant permission?
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My two boys were from a previous marriage. I was granted full custody.
Their father has not been in their lives since they were in diapers. No child support was ever given to me. Nor was there a court order.
My daughter's father's whereabouts are unknown. Have not heard anything since 2001. Rumors since have stated he was murdered in Mexico but that cannot be substantiated.
My fiance 2 days ago asked me if he could adopt them.
Do we need the father's permission in order for this adoption to go through even if one is missing and one has not been in his children's lives for the most part? Additional Details I am in Ohio. The father is in California
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smartypants909
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Here in CA, if there has been no communication of any sort for two full years, they are considered to have been abandoned, and he may adopt them. Otherwise, they (the fathers) must sign over or give up parental rights for them to be adopted. |
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burndi
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yes, he needs to sign off on his parental rights to the children, or if he is dead you're going to need a death certificate or other official certificate to pronounce it. As long as his name is on their birth certificates he is their legal father. |
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snowwillow20
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http://www.adoption.org/adopt/state-of-ohio-adoption-laws.php
Fathers must sign their rights away. Did the father of your daughter have any relatives? Parents that might know his whereabouts? You might have to put an ad in the newspaper.
Your sons father must sign away his rights, is he willing?
I believe you and your fiance have to be married for 1 year, before adoption can take place. |
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mom of many
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yes, you need the bio fathers permission as he must terminate his rights. Or if you don't know where they are, there are ways they have you look for him and post ads in newspapers. Next, you and fiancee must be married for a year or two before he can adopt your children. |
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kidmindi
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Before he can adopt them you and he will have to be married.
After the wedding, contact a family law attorney in your state and find out if there is a minimum amount of time you and he must be married before he applies to adopt. Some states have that, others don't.
Also ask the lawyer if the father's right can be involuntaritly terminated due to lack of contact and support (probably so). If not what needs to be done to terminate rights.
Once you and your fiance are married and any necessry amount of time has passed, then have your lawyer get the paperwork going.
after the paperwork is done, a court date is set and the judge will ask your husband a few questions and then he will sign the decree. |
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Dancer
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My brother is in a similar situation where the dad has not seen them for years and he wants to adopt them. In his case, their father does have to give up all rights to the kids before he can adopt them. However, in your case since the guy's whereabouts are unknown, they might just give you custody anyways because by not seeing them in so long and never paying child support the dad HAS given up his rights to be a dad. Every adoption case is different, but they usually all have one thing in common, they take forever.
I wish you a lot of luck and patience. |
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samanther
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i think that if he hasn't seen them for a certain amount of time he has no say. It might be a year, but i'm not really sure. |
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court court
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yes they must sign over rights. my dad almost did it to my sister thank god he didnt. but since there not around it shouldnt be hard to gt them to sign over |
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Kerry L
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yes you do need the rights of the biological father for this i had this just over a year ago but if he is as you say dead they would need to find this out first before they let it carry on but i dont now if there biological dad is dead does there granparents to the children have rights and if so you would have to find this out all we had to do was see a socail family worker for around 7/10 appiontments and it takes over 5/6months then once all the paper work is covered you'll have to see another person who is appionted from the court to find out if your in a loving and stable relatioinship and that your family life is good he'll then do he's report and set a court date..it was longwinded but my kids was so happy when it was ended but good luck to you hun hope all go,s well instead of going through a solicitor go to your local child services the process is alot quicker that way.hope all go's well all the very best to you all xx |
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aloha.girl59
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Yes. Just because your new husband wants to adopt your children doesn't erase their DNA. Their fathers have rights and every effort to contact them should be made. It's for the CHILDREN. It's not about you.
It's great that your fiance wants to be a father figure in your children's lives, but I wonder why adopting your kids is necessary. Since you will all be living together, what difference does it make if his name is on the birth certificate? (Yes, his name will be added to your kids' birth certificates and their biological fathers' names will be deleted if adoption takes place.) Look at it this way: if something terrible happens in the future (he cheats on you, becomes an abusive person, becomes an addict, etc.) and you decide to divorce, he has half the rights to YOUR kids! I have a son and I'm divorced from his father. I would like to remarry someday, but I would never allow my new husband to adopt my son simply because if that marriage ends, I don't want the guy to have any rights to MY child. |
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xoxo
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aloha.girl59 your comment about the girls fiance wantin to adopt and u cant erase their dna im sure she isnt a dumba** and knows this but it takes a lot more then dna to be a dad dna has nothing to do with parenting at all...i have a two yr old by a previous relationship but now am married and been with him since she was about 4 mths and he is her daddy dna or not.... |
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