If I have a 5 year old daughter that has never seen her bio father, is there anything I can do to take him off and let my fiance adopt her?

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If I have a 5 year old daughter that has never seen her bio father, is there anything I can do to take him off and let my fiance adopt her?

She doesn’t know anything about him. As far as she is concerned my fiance is her daddy. When she was born I filed for child support and the CS office put the bio dad on her birth certificate.

Asked on December 6, 2012 under Family Law, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

 

You can file a petition to terminate his parental rights to the child on the basis that he had no contact with the child in over five years. Many termination suits are combined with an adoption proceeding. After his rights are terminated, you can then move the court to approve the adoption of your child by your fiancé. Even though more and more judges are less fickle about matrimony, it will help your motion if you are both married prior to the termination/adoption suit is filed.

 


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