braydensmom11
Junior Member
If my child's father is not in the picture, can my fiance adopt him without the father's consent?
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- Thread starter braydensmom11
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Define "not in the picture".
Little chance in haedes a fiance will be allowed to do anything.
braydensmom11
Junior Member
The father has not been around or tried to come around my child. I have talked to him, but he has never said he wanted to help.
Zigner
Senior Member, Non-Attorney
Has he been determined to be the father, legally?
Has he been court-ordered to "help" (ie: child support)
If not, then he has no legal obligation what-so-ever to "help."
braydensmom11
Junior Member
The father was not there when my child was born, so no he is not on the birth certificate or anything. He has not been around in almost a year, so that is why my fiance wants to adopt.
Once your fiance becomes a husband, and then after you give it a year or two, then get an attorney to help you through the process.
Ask your fiance this question: Would you be willing to pay child support for "our" child if we ever get divorced?"
braydensmom11
Junior Member
Oh ok. Thanks for the help.
Zigner
Senior Member, Non-Attorney
Then don't complain about the purported father not "helping". You have done nothing that would require him to "help." He is not the legal father, thus he has no legal obligation.
Even if the biological father was deceased, it's unlikely your fiance would be able to adopt before you were married for a few years.
What you COULD do right now is file in court to establish paternity and child support and maybe even visitation. Then the father would be legally obligated to provide support, and likely his wages could be garnished (you did not post your state) if he did not pay voluntarily. Some states even garnish wages automatically without giving the NCP the option to pay voluntarily.
What you COULD do right now is file in court to establish paternity and child support and maybe even visitation. Then the father would be legally obligated to provide support, and likely his wages could be garnished (you did not post your state) if he did not pay voluntarily. Some states even garnish wages automatically without giving the NCP the option to pay voluntarily.
mistoffolees
Senior Member
MIGHT be able to. Mom would probably still have to serve the potential father(s) and he would have the chance to object. Since he has not been entirely absent (OP says he has seen the child within the past year), it's not a slam-dunk by any means.
And OP needs to ask herself this question: "If you and fiance/husband were to split up later, would you be OK with the fact that he might be the one to get custody of the child?"
OHRoadwarrior
Senior Member
If your fiance adopted your child, you realize it would no longer be your child don't you?
Silverplum
Senior Member
You realize you don't know enough about family law to be posting anything other than questions about your own situation, don't you?
This post of yours I just quoted, and others, are just legal nonsense.
