Q: do i need permission from my ex for my fiancé to adopt if I have sole physical & legal custody?
My ex recently after 5 yrs just starting repaying back support, he has renewed his interest which leads me to believe he would not actively participate and cooperate with my fiancé adopting my daughter. The ex hasn’t seen my child in over 4 years because he has long history of substance abuse. At this point, i think my 6 yr old can decide when she’s ready to meet him and I want to be supportive for her to do so. I know court will decide in best interest of child...I filed legal/physical and have the right to decide legally what is in my child’s best interest correct? I was going file papers myself to save money as long as he cannot contest
A:
The legal standard for adoption is different than for granting sole custody. A natural parent must be notified of adoption proceedings. Adoption generally requires the natural parent's consent or a court order terminating the natural parent's rights as a parent (in extreme circumstances).
Filing for adoption over a natural parent's objection may be a difficult legal battle and you are encouraged to seek advice from a competent family law attorney. Even if you chose to self-represent it may be helpful to get legal guidance from an adoption lawyer before filing any paperwork.
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