How can I legally get this adoption done? 10 Answers as of August 06, 2013

My 10 yr old son’s father is in prison for sexual assault of a child between the ages of 13-16. I divorced him and have full custody of my son. I have remarried and my husband wants to adopt my son. I have asked my ex but have never gotten a reply. How can I legally get this done? My son will by 14 before his father goes up for parole. And he had been in for almost 4 years already.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona the statutes provide for the termination of the parental rights of a biological parent based upon several factors, including abandonment. Such cases are fact specific, and can be very expensive. You should consult with an experienced adoption attorney in your area to discuss your options.
Answer Applies to: Arizona
Replied: 8/6/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Prove that the father abandoned you son by being locked up.
Answer Applies to: Idaho
Replied: 8/2/2013
John Russo | John Russo
Retain a family law attorney.
Answer Applies to: Rhode Island
Replied: 8/2/2013
Gateway Legal Group | Christian J. Albut
You can start the adoption process and then either have him sign off of his parental rights or you can file a motion for termination of parental rights.
Answer Applies to: California
Replied: 8/1/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
I would recommend hiring an attorney. If you cannot afford an attorney you will have to file a petition to terminate the father's rights and then your husband can file for adoption.
Answer Applies to: Nevada
Replied: 8/1/2013
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    You need an adoption attorney to handle this matter.
    Answer Applies to: Illinois
    Replied: 8/1/2013
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    The process is the same. You file a complaint and have the complaint legally served.
    Answer Applies to: New Jersey
    Replied: 8/1/2013
    Victor Varga | Victor Varga
    Your husband files for divorce, and the bio-father is served with the court papers. He either files an answer agreeing and signs the consent form, or you argue that it's in the child's best interest for the court to grant the adoption.
    Answer Applies to: Maryland
    Replied: 8/1/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Under Michigan law it probably can be done.
    Answer Applies to: Michigan
    Replied: 8/1/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    You have to file a petition to terminate his parental rights in Juvenile Court. Once that is done, then you can file so your husband can adopt. It sounds as though you would have a strong case for termination and adoption given the criminal history; dangerous offense to a child; and the lack of contact with your son.
    Answer Applies to: Arizona
    Replied: 8/1/2013
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