Expert: Colleen - 1/23/2008

Question
i just got marred and my husband would like to adopt my daughter. I have to share custody but I am the residential parent.  He sees her every other weekend. There is an support order in but he refuses to pay his child support.  He works under the table to avoid being garnished.  Is it possible that my husband can adopt my child, when he is the one supporting her and providing the roof over her head.  All my daughters father does is see her on the designated weekend.  What do we have to do so my husband can adopt my daughter

Answer
There really isn't much you can do to have your husband adopt your daughter if her father doesn't sign permission for the adoption.  The court will not take away his parental rights just because he doesn't pay child support. Courts need substantial proof that a parent is "unfit" in order to sever parental rights. If  you think this is something you want to pursue, I suggest you contact an attorney, but it's not promising.