QUESTION
Can I file for full custody and have my husband adopt him?
Asked on Jan 17th, 2013 on Child Custody - Arizona
More details to this question:
I have a 2 1/2 year old boy and the father is nowhere in the picture. He was arrested for hitting me when I was pregnant. He was in jail and I was supposed to testify against him but he pled guilty and got five-year probation. He was released but he violated probation and was sentenced to four years in prison. My son will be three when he is released. I recently got married. My husband has been in my son’s life since he was six months old. I want my husband to file to legally adopt him. The father is not fit to be around my son. He’s abusive and he needs to go to anger management. I don’t want the father in my son’s life at all.
8 ANSWERS
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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In order for you husband to adopt your son you would have to get the natural father's parental rights terminated.
Answered on Jan 22nd, 2013 at 3:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If your present husband agrees to adopt, and the father is willing to surrender his parental rights it should be simple, if not it will be much more difficult.
Answered on Jan 21st, 2013 at 11:32 PM
Divorce Attorney serving Winter Garden, FL
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Jeffrey A. Conner
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If the Father consents to the step-parent adoption, you will need to get his consent in writing on a form which complies with the statutory requirements. If you get his written consent, you file a petition for adoption, attaching the consent. If he does not consent, you will first have to file an action to terminate the father's parental rights. You will have to demonstrate that the Father has abandoned and/or neglected the child. You have to prove that he has shown no willingness to assume any parental duties and responsibility, including financial support. If you convince the Court to terminate parental rights, then you can proceed with an adoption petition.
Answered on Jan 21st, 2013 at 11:32 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Thank you for the important question. You need to hire an experienced family law attorney like me. There is a process whereby your new husband may be able to adopt your son. We have experience with these types of cases. However, the boy's father may need to consent to the adoption.
Answered on Jan 21st, 2013 at 11:57 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You need to file a termination of parental rights and a step parent adoption.
Answered on Jan 21st, 2013 at 11:57 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You might have a shot. The first and easiest way to do it is to get the biological father to sign off his rights. If he won't, you will have to establish that he is not a fit parent and it is in the best interest of your son to not have the father in your son's life. That will be more difficult and is not a guaranteed win, even with all of his issues.
Answered on Jan 21st, 2013 at 11:56 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File a step parent adoption and try to terminate his rights based on abandonment failure to contact or support for over a year.
Answered on Jan 21st, 2013 at 11:54 AM
You have asked two completely separate questions here. First, if you are interested in having your husband adopt your child, then I recommend you consult with an attorney who can discuss the options for terminating the biological father's rights. If this is a viable option, then there may be no reason for you to separate file for custody, since that would be a separate court and a separate action. Further, if you and the father were never married and there are not currently court orders regarding custody/parenting time, then the law says that you already have legal custody, so you may not need to pursue that action at all.
Answered on Jan 21st, 2013 at 11:50 AM