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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35332
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a question. My daughter is 16 yrs old and

Customer Question

Hello,
I have a question. My daughter is 16 yrs old and she is from my past marriage. My husband wants to adopt her. I don't have any communications with my ex-husband for years already. How can my husband now adopt my daughter if I can't get a signature from my ex-husband.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Unless you can get your ex to agree to the step-parent adoption, then you would have to file suit to terminate his parental rights (generally only granted on a showing of complete abandonment---meaning not contact with the child for at least several years and no payment of support of any kind). If you don't have the grounds to terminate his parental rights because he maintains some sort of contact with your daughter, or he pays support, then you will have to wait until your daughter reaches age 18 when she can agree to an adult adoption without the need for permission from her natural father.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.

My daughter was 2 yrs old when we got separated and she was 5 when I met my husband now. I'm from the Philippines and my ex-husband is from there too. My daughter never been with my ex-husband since she was 2. When you ask her who her dad, she would tell you that my husband now is her dad. My ex-husband never supported my daughter, meaning I raised her alone until I meet my husband now and before we even got married he already told me he will support my daughter. Is it going to be easier if my daughter wants to be adopted? She can't wait to have my husband's family name since she said why do I need to use this family name when I don't even know him.

Expert:  LawTalk replied 1 year ago.

Hi Connie,

Your daughter, because she is 16 will have to give her consent to a step parent adoption. It won't just make it easier---she must agree.

Again, you may either get the natural father's written permission for the adoption, or you can petition the court to terminate the father's rights based on abandonment and go forward with the step-parent adoption, or lastly, you can wait until your daughter reaches 18 and do an adult adoption.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.

My daughter can't wait for her daddy to adopt her. Is it going to make it any easier if she asked for it.

Expert:  LawTalk replied 1 year ago.
Hi, Connie,

Who will your daughter be asking---her natural father?
Expert:  LawTalk replied 1 year ago.

Hi Connie,

Your daughter wanting to be adopted by her step-father will not make the adoption any easier---aside from the fact that she must consent to the adoption.

You still must either get the natural father to agree to the adoption, or sue to have his rights terminated in order to have the adoption done before your daughter turns 18. After she is 18, she can immediately enter into an adult adoption and be adopted by your husband.

This seems like a very serious situation for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.

Please remember to rate my service to you.

I wish you and yours the best in 2015,

Doug