Can I make my husband my childrens adoptive father after we marry? 9 Answers as of April 20, 2011

I have two daughters from a previous relationship. My ex has not made contact and does not pay his child support. I am going to marry my boyfriend, who they call dad because he is all they know. They know he is not their real father, but they only know him as their father. Can he become their legal father if we marry?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Bartholomew & Wasznicky LLP
Bartholomew & Wasznicky LLP | Hal D. Bartholomew
A step-father may adopt step-children subject to some conditions. If the natural father formally consents then the process runs fairly smoothly - although it does take some time to complete. For example, there needs to be an investigation and review of the step-father's fitness and background. If the natural father will not or does not consent then the natural father has a veto power over the adoption. However, if he has not seen the children for a long period or time or has not paid support for a long period - then he has waived his objection and the court would decided whether it is the children's best interests to be adopted by the step-father. You should consult with an attorney regarding more of the technical details. From your description it appears that your future husband fits the necessary criteria to adopt your children.
Answer Applies to: California
Replied: 4/20/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
You will need to terminate the biological father's rights and then do an adoption with your husband. This can be done by agreement and may also be possible by force. Call an adoption attorney and find out your options.
Answer Applies to: California
Replied: 4/14/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It is possible for new husband to adopt your children, if your new husband files a Petition to adopt your children, and either the children's biological father consents to the adoption, or the court terminatesthe biological father's parental rights for failure to support and failure to contact the children for over a year. Yourhusband would best retain an experienced adoption attorney to handle his step-parent adoption.
Answer Applies to: California
Replied: 4/15/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
It sounds like you have sufficient grounds to terminate their biological father and that would allow for your soon to be husband to adopt them. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 4/15/2011
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
You can do what's called a step-parent adoption, where your new husband will become the adoptive father, and you can request that the biological father's parental rights be terminated. One basis for terminating parental rights is failure to support the children. The step parent adoption process is much simpler than a regular adoption, but you will need to file a Petition with the court to begin the process.
Answer Applies to: California
Replied: 4/14/2011
    Law Office of John C. Volz
    Law Office of John C. Volz | John C. Volz
    You would have to file for a step-parent adoption. In order to do this you would either need to get the consent from the biological father or petition the courts to terminate his parental rights. If you would like to discuss your case further, please contact our office.
    Answer Applies to: California
    Replied: 4/14/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes. he can adopt your kids. However, the adoption process can vary depending on whether the biological father's whereabouts are known, if so, whether he consents to the adoption, among other issues. Best to call a local family law lawyer who has experience with adoptions to discuss the particular facts of your situation. Good luck!
    Answer Applies to: California
    Replied: 4/14/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file for adoption. The court can terminate parental rights of the biological father to allow your husband to adopt them.
    Answer Applies to: California
    Replied: 4/13/2011
Click to View More Answers: