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sole legal/physical custody with me, do i need consent of other parent

Discussion in 'Adoption' started by rubysmom, Sep 11, 2013.

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  1. rubysmom

    rubysmom Law Topic Starter New Member

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    My daughters father has voluntarily given up his legal/physical rights to our child, he does have visitation i am getting married next month and my fiance would like to adopt her given that i have sole legal and physical custody would we still need to get his consent for the adoption? he is extremely uncooperative and would never!
     
  2. disagreeable

    disagreeable Well-Known Member

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    Courts will generally not consent to a spousal adoption until the marriage has endured about 3 - 4 years.
     
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  3. rubysmom

    rubysmom Law Topic Starter New Member

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    Even if it is clearly in the best interest of the child?
     
  4. disagreeable

    disagreeable Well-Known Member

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    You have not established it is in the childs best interest. It is only currently a matter of your desire.
     
  5. rubysmom

    rubysmom Law Topic Starter New Member

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    Adoption would offer my daughter various benefits as my fiancé is a decorated disabled veteran, and his current job would extend amazing health insurance benefits to her. He has more of a relationship with my child than her father does.
     
  6. Proserpina

    Proserpina Moderator

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    You mentioned on your other thread that Dad has only just started visitation - the court is NOT going to rip that away from him. He does have a constitutionally protected right to parent his child.

    Your fiance's finances are completely irrelevant. So is his relationship with your daughter.
     
  7. Betty3

    Betty3 Super Moderator

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  8. guestpost

    guestpost New Member

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    I do not wish to end his visitation at all
     

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