How can my husband adopt my children? 11 Answers as of September 09, 2013

I have two children and my husband would like to adopt them. My son's father said he would only be wiling to go through with it if he felt I had a good reason and my daughter's father I don't know where he is and he has never been in her life. My son's father hasn't been around since 2006 and hasn't paid support since 2007.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
You and your husband should consult with an experienced adoption attorney in your area to discuss your options. It is not a simple process, and it appears you will need to file to terminate the parental rights of the two separate biological father. From your facts it appears you have a good basis for both such terminations, but again, you should consult with local counsel.
Answer Applies to: Arizona
Replied: 9/9/2013
Law Office of Annette M. Cox, PLLC
Law Office of Annette M. Cox, PLLC | Annette M. Cox
First you would have to terminate the biological/legal father's parental rights. He would have a right to contest and if he did, then you would have to make sure you meet certain grounds, such as abandonment. After that and assuming the termination is granted (or father consents to it), then your husband could proceed with the adoption.
Answer Applies to: Arizona
Replied: 9/5/2013
Law Office of Brent R. Chipman
Law Office of Brent R. Chipman | Brent R. Chipman
Your husband will not need the consent of the father of your daughter if you were not married and if the man has not taken steps to establish paternity of the child. Even if you were married, the court can grant an adoption in the best interests of the children. Not having contact with your daughter and not having much contact and not paying support for your son would be valid reasons for the court terminating the parental rights of the respective fathers of your children and in allowing you current husband to adopt them. Your husband will need to file a petition to adopt the children. You will need to give notice to any of the fathers who have established their rights through a paternity proceeding or a divorce.
Answer Applies to: Utah
Replied: 9/4/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
In order for your husband to adopt the children, you will have to terminate the parental rights of the fathers. Obviously, it will be a lot easier if the fathers are willing to agree to terminate their rights. Otherwise, you will need a basis to terminate their rights, but it can be done. Usually, abandonment (failure to see the children and pay child support for six months can constitute an abandonment). I would recommend hiring an attorney. You can also find the forms online at the Family Court's website or you can obtain them at the Family Court's Self-Help Center.
Answer Applies to: Nevada
Replied: 9/4/2013
Jayson Lutzky, PC | Jayson Lutzky
You need to locate the father to arrange an adoption. If you locate him, then you can seek the back child support.
Answer Applies to: New York
Replied: 9/4/2013
    Welsh Law, LLC
    Welsh Law, LLC | Michael Shane Welsh
    In Georgia, adoptions can be done fairly easily if you have the consent of the parent(s). An absentee/unknown father makes the situation a little more complex. Both types require following specific legal process through the Court and can take up to 6 months to complete.
    Answer Applies to: Georgia
    Replied: 9/4/2013
    Eric Johnson
    Eric Johnson | Eric Johnson
    Before you can have your new husband adopt your children from a previous relationship, you have to terminate the biological father's parental rights. If the father is willing to stipulate to having his rights terminated as part of an adoption procedure, that will help speed the process and make it a lot less difficult and expensive. Otherwise, you will have to sue the biological father to terminate his rights before your husband can adopt these children. Talk to an attorney about this. It is not the kind of thing should undertake on your own without legal representation.
    Answer Applies to: Utah
    Replied: 9/4/2013
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    You need an adoption attorney.
    Answer Applies to: Illinois
    Replied: 9/4/2013
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If you would like to have your husband adopt your children, you have to give notice to the biological fathers and they can grant their consents. If they want to dispute the adoption, one or both of them will have to testify in court as to why they do not wish to have the adoption granted.
    Answer Applies to: Illinois
    Replied: 9/4/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    The easiest way is to get the father's to give up their rights in front of a judge. Barring that, you may be able to prove abandonment. I suggest using an attorney. It will, probably, be quicker and less painful.
    Answer Applies to: Idaho
    Replied: 9/4/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the father said he would do it if he thought you had a good reason, then it seems as if you have been in contact with the father and should at least be able to do a search to find out where he is so you can serve him with a step parent adoption petition. Given the facts you state regarding the father not being in the children's lives and not paying child support, it is very possible that your husband can adopt your children; he should retain an attorney to proceed with a step parent adoption action and the attorney can handle the jurisdictional matters as well as perfect service of the Petition.
    Answer Applies to: Georgia
    Replied: 9/4/2013
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