What to do if my ex-boyfriend has legal visitations rights to our daughter but my husband wants to adopt her?

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What to do if my ex-boyfriend has legal visitations rights to our daughter but my husband wants to adopt her?

He has not seen her in over a year and it is rumored that he has moved to France. She is now 2 1/2, we split when she was 7 months. I have full legal and physical custody. The arrangement was agreed upon about 15 months ago. He took one visitation approximatelt a year ago. He also has not paid any child support for about 9 months. I am now married and my husband wishes to adopt my daughter. How can I go about having my ex’s parental rights terminated so that we may proceed with the adoption. I have no idea where he is or how to serve him. My husband is in the army, can JAG handle paperwork?

Asked on January 3, 2013 under Family Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country your current husband cannot adopt the minor child unless the "ex" is willing to sign an adoption agreement allowing such subject to a court hearing and approval. Consequently, you need to track down the "ex" to see if he is willing to allow the adoption where he would give up all parental rights. Given the seriousness of the matter, I suggest that you consult with a family law attorney for assistance.


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