My fiance adopting my daughter- Potential problems with bio father? CA?

I have a two year old daughter with whom has never had visitation with the paternal "sperm Donor" We had mediation when my daughter was about 5 months old, His visitation was to be supervised every sunday for 2 hours.

Almost 3 years have gone by and not one visit. My fiance wants to adopt my daughter and she knows only him as daddy. In CA what are the odds of something like this becoming a problem? Her bio father, hates paying child support and currently owes about 22k to me.
Does he have any room to oppose the adoption? He is a real jerk and may oppose simply to be malicious, as we really do not like each other. Any one gone or going through this in CA?

In response to Barb- I was date raped at 18, I did not choose abortion for personal reasons. I did not pick him- He picked me and did what he did while I was passed out- But hey thanks for your input... Opinions are like assholes, you have the biggest with the most stench.

Not only does he have 'room' but he has grounds.

I would stronly suggest you contact a local family law attorney to either file the petition (which, if contested, can get expensive) or to determine if you make an offer to forgive arrears the possibility of the ex permitting the adoption.

This last option will ONLY work if you are not on state aid.

BY THE WAY:

Until such time as you are married, the court cannot, by law, entertain your fiance's motion to adopt.

Also, if he has paid ANY child support at all, the court considers that contact. Therefore, as I suggested, speak with a local family law attorney for other options.

You need to talk with an attorney! The birth father has rights until he signs them away, which he might do since he doesn't want to pay child support. Go see an attorney. Tell them your situation and let t hem draw up papers. Your child's father doesn't have to sign his rights away, but odds are he might since supporting his little girl is not important to him. Good luck.

Mmmm... sticky situation.
Make sure to DOCUMENT everything.
If you show that he's not paid child support, nor has he made any effort to seek visitation with his child, you may have a fighting chance.
Your chances might be better, however, if you seek to do this AFTER you have married. They ususally look for a stable environment for children.
Good luck to you!

Unless the biological father relinquishes his paternal rights, your fiance cannot legally adopt your daughter. You will need to see a lawyer to get information about the laws in your state, including whether he will still be expected to pay child support since you are not married yet. One thing you might want to consider is to offer to waive the $22K her biological father owes you if he will consent to relinquish his rights.

The child cannot be adopted without the parents agreement.

He may be a deadbeat, he may never see her, but unless he gives up all parental rights in a court of law - he is still the father and has the same rights as the mother.

The child has a right to know her father. She may not see him now but when she is an adult, she will want to know him....

He may be only a "sperm donor", but you were a willing participant. Both of you decided to have unprotected sex and both of you knew what the consequences might be. Now, both of you have to live with your decision. Like it or not, you picked him, you slept with him and he will be the childs father until HE decides to legally surrender his parental rights.

he has to sign a release....in some states that also terminates child support, when it involves marriage and adoption.....that might be your wedge........

He can oppose the adoption, but if your fiance adopts that automatically ends any future child support and if the court approves you might be able to negotiate ending the $22K. I think that might be an incentive for him to agree.