How can my fiance get custody of my children? 3 Answers as of May 19, 2011

My fiancé and I have been living together for 8yrs now I have 3 kids of my own whom he has taken responsibility for. He attends all meetings, all hospitals or doctors appointments as well. He is in all their records as emergency contact because the biological father has never even bothered to call. Recently I called him asking him to sign over his rights to my fiancé because my fiancé has been the one doing the raising and loving and supporting of the children and he cant claim them on his taxes as his own. To him they are his but legally they are not and the biological father says if hell freezes over. Can we fight this and get full custody? I have papers where the biological father signed over his rights to me only yrs ago when he got out of jail after doing 7yrs he has a criminal record. Please tell me my fiancé can finally feel at ease knowing his daughter is his. she’s 13 now and he has been with us since she was 4.

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Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
It is very difficult, contact a family law attorney to look and see if your fiance can adopt.
Answer Applies to: California
Replied: 5/19/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You can file paperwork for adoption and seek to permanently terminate the rights of the biological father. You should seek the services of an attorney to assist you as adoptions can be complicated.
Answer Applies to: California
Replied: 5/19/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
My suggestion is that after you and your fiance' marry, that your new husband file a Petition to adopt your children. If their biological father has not supported, or contacted, or visited the children for over a year,the Court would likely terminate the biological father's parental rights in order to enable your new husband to adopt your children.
Answer Applies to: California
Replied: 5/18/2011
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