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I want to adopt my step daughter. Her biological father has not paid child support in 18 months and currently has no contact with her, a child support case has been opened. He has a previous record- breaking and entering with physical violence towards the child's mother, my wife. What options do I have?
Optional Information: State/Country relating to question: Ohio Already Tried: Just getting started. The child's mother and I agree that I should attempt to adopt and we would like to do it without the biological father consenting. IS this possible?
Hello,My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today. Are you married to the mother?
Yes we are married
What you have to do is to bring two petitions before the Court. The first is Petition to Terminate Parental Rights, and the second is Petition for Adoption. The father does have the right to be served with notice to make his argument if he should appose. Even if you are adopt the child, it's likely he would still get visitation. Warning - this is a very complex situation and I do NOT recommend doing this w/o an attorney because navigating the system for this yourself can cause you more harm than good. If you still want to, go to legalzoom.com for the petitions.I can help you find an attorney in your area who specializes in these kinds of matters if you'd like. Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions. There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
Would I be better to file here in Maryland where I live or in Ohio where the child support case was opened?
The jurisdiction for this kind of case is where the child has lived for the last 6 months - whichever state and county that falls under, is the jurisdiction. :)Best of luck in your matter. I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT. There is no fee for follow up questions should you wish to continue in this thread.Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance. There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Thank you so much, you were very helpful, thank you again
You're welcome!