Abandonment and Adoption

[Momof3]

I was with my ex, never married, when I had my daughter now 8. My ex was incarcerated the first four years of her life and after being released four years ago contacted us (my husband and I) a couple of times to speak with her, which at the time we did not let him as she was young, and knew nothing of him. It was, at that time, suggested by the school counselor that we not allow her to. He has made no attempt to contact her or us in over a year and has NEVER paid any child support. Would this be sufficient grounds for my husband to adopt her? He (my husband) is the only father she has known and she knows nothing of her biological father. She is VERY well cared for, attends a private school, violin lessons, horseback riding, etc. and has a stable family life. Would I have to get permission from her biological father for my husband to adopt her?

Thank you!!

Naples, FL

[Attorney Howard Iken]

His permission would certainly make things more easy. Yes, it sounds like you may have grounds to terminate the father's parental rights. That must be done before there is an adoption.