Legal Question in Medical Leave in Massachusetts

I have a 12 year old daughter whose biological father has had no contact with since she was just over 2. Even when there was contact, he would often skip his visits with no warning. This was in Virginia. When she was 3, I met a man who happily stepped into the role of father. We've been married for 5 years,and living in MA since 2001. The bio. father just found my facebook profile and has expressed an interest in seeing my daughter. I'm hesitant to allow this at this point in her life due to the history there. I left him because he was an abusive alcoholic. 2 questions: after all this time, does he have any legal rights as a father, and do we need his permission for my husband to legally adopt my daughter? Her wishes are definitely to be adopted, and she has no knowledge of the facebook message I got.

Asked on 8/30/09, 1:45 pm

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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However a reluctant father, he is still a father.

It is my view that absent a termination of his rights, they continue, and you cannot adopt without his permission or a court order.

While her wishes have some influence, they are not controlling.

Answered on 9/05/09, 9:43 am

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