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

[rubysmom]

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!

 

[disagreeable]

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

 

[rubysmom]

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

 

[disagreeable]

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

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

 

[rubysmom]

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.

 

[Proserpina]

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.

 

[Betty3]

Duplicate thread - also reference http://www.thelaw.com/forums/showthread.php?t=53846 for other replies.

In the future, please post your question only once - we don't want two threads going with the same question. Thanks.

 

[guestpost]

I do not wish to end his visitation at all