John E. Kirchner, Attorney at Law | John Kirchner
The detailed answer to your question depends on what state you live in because each state has slightly different procedural rules. It isn't totally clear if the biological father's rights have been terminated by court or if you are basing your statement on nothing more than the fact that he "signed off". In either case, the process will begin with your current husband filing a petition to adopt the children (technically, there will be 4 separate cases, all handled together as one by the court). That Petition will be supported either by (a) the court order terminating the father's rights or (b) written consent from the bio-father. In Colorado, the courts in each county have unique local procedures controlling how the case is processed once the Petition is filed.
Answer Applies to: Colorado
Law Office of Michael W. Bugni | Jay W. Neff
How you do it is going to vary from state to state. To start off, in Washington, your spouse would need to file a petition for adoption and have the court appoint a guardian ad litem to do a post-placement investigation.
Answer Applies to: Washington
Law Office of James Lentz | James Lentz
Adoption is one of the nicest things we do in the probate court. The final decree is typically a funny hearing the judge gets involved. But the process should not be taken upon without legal assistance. Contact your local domestic relations attorney for further information.
Answer Applies to: Ohio
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The adoption process is to be done by your husband, who should file an adoption case with the Court. He would best retain a knowledgeable adoption attorney to represent him. The social worker who performs the adoption investigation will seek your ex-husband's written consent to the adoption. Hopefully, your ex-husband will cooperate by signing the consent form provided to him by the social worker. The prior "termination" or "signing off" of your husband's rights (whatever that was) won't be sufficient for purposes of an adoption, unless his parental rights had been terminated by a Courtof competent jurisdiction.
Answer Applies to: California
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
You need to file a Petition for Adoption by a Step Parent. It can be a slightly complicated process, even with the father's consent, and his right need to have been properly terminated and/or his consent properly given. A piece of paper that he has signed stating that this is what he wants to do will not suffice. You should probably consult with an experienced family law attorney to assist you in the process in order to ensure that the necessary procedures are followed and necessary paperwork filed. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office to schedule same.
Answer Applies to: Florida
Ashman Law Office | Glen Edward Ashman
First of all there is NO such thing as him signing away his rights with the SOLE exception of him signing proper consents during an adoption. So get a lawyer, stop drafting paperwork that won't help, and do an adoption properly.
Answer Applies to: Georgia