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My husband wants to adopt my 16 year old daughter. We have…

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My husband wants to...

My husband wants to adopt my 16 year old daughter. We have been married 7 years. I was never married to her father and he has never gone to court to get visitation rights. They have a terrible relationship and my daughter wants nothing to do with him. Can I take him to court to abolish his rights? or could they force her into visitation?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Have you talked to a lawyer yet?

A couple of years ago, and she advised me not to "open a can of worms" because if I took him to court, he could end up getting visitation with her.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

And he is an alcoholic. And 16,000 + behind in child support.

Submitted: 10 months ago.Category: Family Law
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11/14/2017
Family Lawyer: originallawyer, Family Law Attorney replied 10 months ago
originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 905
Experience: 9+ years of experience in divorce, custody battles and mediation.
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Family Lawyer: originallawyer, Family Law Attorney replied 10 months ago

You can certainly try the route of doing a Termination/Step Parent adoption. Failure to support is usually grounds for asking for Termination and if he's 16k behind that sounds like failure to support.

Since your daughter is 16, she also has some input in this situation now. You can ask the Judge to interview her in chambers and hear what she wants. The Judge doesn't have to do what your daughter says, but the Judge can take her wants and desires into account.

Your original consultation with a lawyer gave you accurate information. You do run the risk of potentially being ordered to make your daughter visit her father but at this point, it's less of a risk than if your daughter were say, 2 years old, and hadn't really had the chance to form a relationship with her father. Most Judge realize that forcing 16 year olds to do anything is difficult.

If you think it's too risky, you can always wait until she turns 18 and then your husband can adopt her with out the biological father's consent at all.

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Customer reply replied 10 months ago
thank you
Family Lawyer: originallawyer, Family Law Attorney replied 10 months ago

You are welcome!

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