Adoption

[Mouse_117]

What are the odds of a step parent being able to adopt a child when the biological parent is in the picture, excercises all access available and asks for more, pays child support and has done everything possible to stay an active part in the childs life regardless of the ex trying to push them out of the picture?
Can my ex go and file for an adoption and claim I am not in the picture and try to have to adoption processed without me knowing?
Thanks..

[standing on the sidelines]

is this something you think your ex is going to do??

[Mouse_117]

Yeah.. I am worried it may happen..

[blinkandimgone]

It can't happen without the bio-parent being notified of their intentions at which point the bio-parent can object. The paperwork they would need to file requires you to be notified and you would have to respond, if you don't respond it will be assumed you consent to the adoption.

[Mouse_117]

So there is no way that it can be filed and processed without me being informed? I guess my name is on my daughters birth certificate so.. I would have to be informed.

So even if I am informed and I don't consent, what do you think the odds are of the adoption being granted? As I said I do everything I can to see, talk to or be with my daughter. I love her more than life and would do anything to have her with me all the time, but we went to court last year over relocation and I was more or less told by my lawyer that I should just allow the move and make the most of whatever time I can get. Do you think this will work against me if an adoption is filed? It's not that I wanted to allow a relocation, but my ex had the upper hand due to alot of factors like the distance only being an hour and I didn't want my daughter dragged through a nasty trial. Also my ex claimed in all her court documents that she would allow extra access, unlimited telephone access and would make sure mine and my daughters relationship "continued to flourish"... and all she has done is deny extra access, deny phone calls and try to do anything but make our relationship "flourish".

[Mess]

You want to look at the Child and Family Services Act section 137 and 138, and Courts of Justice Act (Family Law Rules) section 34.

The child cannot be adopted unless you are informed, and you specificly consent. In extreme circumstances, the court can order an adoption if it is in the best interests of the child, but you still must be informed. And I mean extreme, like if you were a convicted serial murderer or something. If you are an involved, loving parent, it is out of the question.

The court does require proper documentation showing who the birth parents are. The ex can't just lie about this, and if she did you would have full cause to have this set aside and probably have her charged with something.