Anonymous
Anonymous asked in Pregnancy & ParentingAdoption · 1 month ago

Can I adopt my step child and severance the biologicals rights?

My step daughter is 7 years old. I've been raising her for 2 year's, she and I have a great father and daughter relationship. We reside in the state of Arizona. 

Her biological dad has been in prison in a different state for quite some time and he has made no contact with her since 2017 maybe 2016? I believe. before my wife and I got married she changed her daughter's last name to my wife's maiden name. 

Her biological father (my wife's ex husband) has a warrant issued in the state of Arizona for his arrest due to domestic violence towards my wife and child endangerment towards my step Daughter. He has had a criminal record for being a drug addict. My wife has sole legal decision making for her daughter since 2017. 

I want to adopt my step daughter, my step daughter has been asking to have my last name for awhile now. My wife and I have a child together and my biological child has my last name. 

Can you send me biological father's rights so I can adopt my step daughter?

Update:

Can I severance the biological father's rights so I can adopt my step-daughter**

He also hasn't paid any kind of child support whatsoever (side note). No contact with father's family eaither

3 Answers

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  • 1 month ago

    He can either voluntarily terminate his parental rights, or a court can order his parental rights terminated.

    Voluntary termination is straightforward, involuntary will require proving he is unfit and having a judge agree to the termination of his parental rights.

    Either way, you will need a lawyer.

    Until you adopt her, your daughter can legally use your last name without a formal adoption and name change.

  • 1 month ago

    The father have to relinquish parental rights before you can legal adopt the child.  Being in prison or absent or not providing finial support isn't enough.  Contact a family or adoption lawyer.  

  • Anonymous
    1 month ago

    Maybe, you need to talk to an attorney in your state who practices in this field.  you have two choices, he voluntarily surrenders his biological rights or a court orders his biological rights to be involuntarily terminated.  If he fights this, it can get spendy.  Have you had any discussions with him on giving up his rights?  That is the easiest way, if he's willing.

     

    < and child endangerment towards my step Daughter >

      

    That is listed in the link provided as a reason a court may order an involuntary loss of parental rights even if he doesn't want to but it's going to depend on the specifics.  You need to discuss this with an attorney. https://family.findlaw.com/adoption/birth-parent-r...

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