Can my husband adopt my children without the biological father's consent? 17 Answers as of March 11, 2013

My children have not had any contact with their biological father due to him having a domestic violence charge. Can my husband of 4 years adopt them without the biological fathers consent?

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

Free Case Evaluation by a Local Lawyer: Click here
Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
No, your ex-husband will have to be given an opportunity to give consent to the adoption. He will have to be served with the petition for the adoption and can appear in court to contest it.
Answer Applies to: California
Replied: 3/11/2013
Anteski Law Firm | June Anteski
Yes, you can file for a stepparent adoption in Arkansas if you can show that he has abandoned his children, meaning he has either not paid child support for 12 consecutive months or not communicated with them for 12 consecutive months.
Answer Applies to: Arkansas
Replied: 3/8/2013
Carey and Leisure | John Smitten
You must terminate the parental rights of the biological father. This can be done by consent or court order.
Answer Applies to: Florida
Replied: 3/7/2013
Henry Lebensbaum | Henry Lebensbaum
No unless there is a court order.
Answer Applies to: Massachusetts
Replied: 3/7/2013
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
In order for your husband to adopt the children, the biological father either needs to consent or his rights need to be terminated by the court. I recommend you consult with an attorney to determine whether the facts exist to pursue termination of his rights.
Answer Applies to: Arizona
Replied: 3/7/2013
    Hamblin Law Office | Sally Hamblin
    The biological.fathers rights need to be terminated either voluntarily or involuntarily. Once that occurs, then adoption can be considered.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    Mari Morrison Attorney at Law | Mari Morrison
    NO, you would have to go through probate court and notify all parties including biological fathers whether dna tests have been taken or not.
    Answer Applies to: Alabama
    Replied: 3/7/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Generally, no because the father must be notified of the planned adoption. But, in Colorado and some other states the adoption can be granted over the fathers objection if the court finds a failure to provide financial support or abandonment.
    Answer Applies to: Colorado
    Replied: 3/7/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    Yes, in Mississippi it is possible to adopt without the biological parent's consent. You and your husband will have to file a lawsuit to terminate his parental rights and adopt the child. The lawsuit should be filed in the chancery Court of the county where the child lives. The biological parent is entitled to service of process, and has the right to object. His parental rights can be terminated over his objection if you can prove by clear and convincing evidence that he has abandoned the child, among other possible reasons. Abandonment requires proof that he has had no contact with a child under 3 years of age for 6 months or longer, or no contact with a child over 3 years of age for one year or longer. You will probably have to pay for a Guardian ad Litem . This is an attorney appointed by the court to investigate the circumstances and make a report/recommendation to the court.
    Answer Applies to: Mississippi
    Replied: 3/7/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    This depends on the law of the State where you are.
    Answer Applies to: New Jersey
    Replied: 3/7/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depending on the circumstances, it may be possible, at least in the state of Michigan, to terminate the bio fathers parental rights allowing the adoption.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Only if the court says that it is in the best interests of your children. If the bio father has not made any attempt to get the no contact order modified, it doesnt look like he will object to the adoption. You can let him know that it will let him off of child support.
    Answer Applies to: Idaho
    Replied: 3/7/2013
    Gateway Legal Group | Christian J. Albut
    You can go through the adoption, but you would have to file a petition to terminate parental rights to be able to complete the adoption. When you file the petition to terminate you will have to give notice to the father.
    Answer Applies to: California
    Replied: 3/7/2013
    Possibly if there is abandonment look at the stepparent rules
    Answer Applies to: California
    Replied: 3/7/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Generally speaking, the biological father would have to consent. There are some exceptions if the biological father has not seen or provided support for the children for a period of time. You should seek the advice of a local attorney who, after reviewing all of the facts, give you some direction.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    In Nevada I would recommend terminating his parental rights first.
    Answer Applies to: Nevada
    Replied: 3/7/2013
    John Russo | John Russo
    No, not unless his rights are terminated by the court, and thats a whole other process.
    Answer Applies to: Rhode Island
    Replied: 3/7/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney