I'm not sure how to go about this sticky situation

[~MotherOfTwo~]

What is the name of your state (only U.S. law)? Louisiana.

So, i'm not sure how to go about this situation. So i'll explain things a bit.

My daughter is special needs/physically disabled. Her biological father has never gone to a doctor's visit for her, kicked me out when he heard she was disabled, refuses to talk to me, hasn't seen her in a year, and is NOT on the birth certificate. He has been talking ill about me since day one, and pulls my parenting into question constantly, when he's not seen our child in a year, and has me blocked from contacting him about her.

Now, my husband wants to adopt my daughter. I heard that my ex would have to sign away his rights, even though he's not on the birth certificate. I don't know how to go about this. I know he will fight this because he's still convinced that I want to be with him even though i'm married happily to someone else.

I need to know if anyone knows if my husband can just adopt my daughter, or if we have to get my ex involved.

 

[Just Blue]

What is the name of your state (only U.S. law)? Louisiana.

So, i'm not sure how to go about this situation. So i'll explain things a bit.

My daughter is special needs/physically disabled. Her biological father has never gone to a doctor's visit for her, kicked me out when he heard she was disabled, refuses to talk to me, hasn't seen her in a year, and is NOT on the birth certificate. He has been talking ill about me since day one, and pulls my parenting into question constantly, when he's not seen our child in a year, and has me blocked from contacting him about her.

Now, my husband wants to adopt my daughter. I heard that my ex would have to sign away his rights, even though he's not on the birth certificate. I don't know how to go about this. I know he will fight this because he's still convinced that I want to be with him even though i'm married happily to someone else.

I need to know if anyone knows if my husband can just adopt my daughter, or if we have to get my ex involved.

Is there ANY court orders? Custody? Support?

 

[xylene]

You cannot do this without involving your child's living father.

 

[~MotherOfTwo~]

Is there ANY court orders? Custody? Support?

No, no court orders. No child support. No custody. No nothing. He's not even on the birth certificate.

 

[~MotherOfTwo~]

You cannot do this without involving your child's living father.

Even though he literally has nothing to do with her, isn't on the birth certificate, and doesn't pay child support?

 

[xylene]

The birth certificate may help you, but seriously are you going to perjure yourself and say the father is dead or you don't know who it is or something. You know exactly who the father is. The court is not going to just hand you a no questions asked adoption.

 

[Just Blue]

Even though he literally has nothing to do with her, isn't on the birth certificate, and doesn't pay child support?

No you can't. I advise you to seek legal advice from an adoption attorney. To try and do what I "think" you are going to do is a crime. Do this the right and legal way. Hire an attorney.

 

[~MotherOfTwo~]

The birth certificate may help you, but seriously are you going to perjure yourself and say the father is dead or you don't know who it is or something. You know exactly who the father is. The court is not going to just hand you a no questions asked adoption.

no no I wasn't going to lie about who the father is. Or say he's dead or anything. I'm trying to just figure out if I have to have his signature, because I know for a fact he won't sign anything, even though he's not on the birth certificate and doesn't even see her or ask about her. Like I said before, he's blocked my facebook, and my phone number.

 

[Just Blue]

no no I wasn't going to lie about who the father is. Or say he's dead or anything. I'm trying to just figure out if I have to have his signature, because I know for a fact he won't sign anything, even though he's not on the birth certificate and doesn't even see her or ask about her. Like I said before, he's blocked my facebook, and my phone number.

Consult with an adoption attorney. REALLY!!

 

[CTU]

Read this http://new.dhh.louisiana.gov/index.cfm/page/646

Print it out.

GO AND SEE AN ATTORNEY.

(xylene - when a state has a putative father registry, an unwed father who does not register typically forfeits his right to notification of a pending adoption, including a stepparent adoption)

(actual statute is here: https://legis.la.gov/legis/Law.aspx?d=72607

 

[Just Blue]

Read this http://new.dhh.louisiana.gov/index.cfm/page/646

Print it out.

GO AND SEE AN ATTORNEY.

(xylene - when a state has a putative father registry, an unwed father who does not register typically forfeits his right to notification of a pending adoption, including a stepparent adoption)

(actual statute is here: https://legis.la.gov/legis/Law.aspx?d=72607

There should be a sticky about this at the top of this forum...