Legal Question in Family Law in Tennessee
I have a daughter who is 9. Her biological father has never been around. He was ordered to pay child support and is now 8k behind (at $52 weekly). He was absent for 3 years and then showed up this past summer saying he has found God and saw her a few times but promptly disappeared again. This person has a long history of drunk driving and drugs. During one court session he asked to give up his rights but the judge said #1 I have to be married and he would have to adopt her #2 he owes the cs money. I have full custody of her and she has my last name. I have gotten married and am expecting our first child. My husband wants to adopt our daughter because in his eyes she is his daughter. I kept my last name when we married because I thought it would be unfair to my daughter that she not have any of her parents name. With this new baby it will have his fathers name but not mine because I can't allow my daughter to feel left with a different name. The bio father has a warrant for his arrest for child support so it is unlikely that I can find him when the police has been unable to do so. Someone I know said that the father had not seen their child for a year and her husband was able to adopt her son. I just wanted to know how I can go about proceeding and if it would be a big expensive court hooplah.
1 Answer from Attorneys
Yes, from your description, it does sound like you have grounds for a termination of his parental rights so that your new husband can adopt the child. This can be achieved even if you cannot find the father by service through publication. Some firms, including ours, will charge a flat rate change so you know what to expect in terms of expense.