Order of Publication...

Stacy - posted on 05/03/2013 ( 1 mom has responded )

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My daughter is 6 years old. Her father has never been in the picture physically or financially. My wife and I got married and now are wanted to have her adopt my daughter. We were told that in order to do so, we needed to put an order of publication searching for her father. If he does not come forward in 2 weeks of that publication, then my partner has the right to adopt my daughter... is this true? And if so, what steps do I as her mother need to take to make this happen...We do not want her father to have a change of heart and walk into her life after 6 years of disappearance...any advice would help. thanks.

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Ev - posted on 05/04/2013

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You need to talk to a lawyer for your options on this and the state laws where you live regarding adoption for two women in a relationship if I read it right. I am not sure where you live but there are a lot of states that won't allow two women or men to adopt children or do not have laws as yet covering this issue. I am not sure how long you have to actually wait for publication to be out before you could actually proceed with this. My sister got a divorce when my niece was about that age or a bit older and she had to run it in the paper because her husband at the time now her ex could not be found the conventional ways by addresses to send notice of the pending divorce to. Once it was out a month in the newspaper and he did not respond she got full custody of my niece and her divorce as he never showed up for the court dates and such.

If the father should suddenly decide to come back when he sees this publication, the judge is going to look at all things before he or she decides to allow this adoption like the father's choice in the matter, how long he has been out, if he knew of the child and any DNA testing. If dad decides he wants to come back and be in the child's life and the judge allows it there is not much you can do to stop it outside of showing proof that he has not been there either in person or with helping in any sort of support.

Good luck.

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