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
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
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
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
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
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
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
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