QUESTION
Can I process my husband's adoption of my children while their father is in jail?
Asked on Jan 12th, 2012 on Child Custody - Wisconsin
More details to this question:
The father of my children is in jail again for domestic violence. He has a long chain of criminal background (molestation,domestic violence, stalking, shop lifting) while he is in jail now, would I be able to have my husband adopt my children without his approval?
18 ANSWERS
Family Law Attorney serving Sacramento, CA
at
McCallum & McCallum
Update Your Profile
Yes, and it probably is a good time to do it while he is in jail. Step-parent adoptions require the potential step-father to be investigated. The Investigator attempts to obtain approval from the biological parent, but if he is in jail and has a record of all the items you listed, the investigator would probably recommend that he be determined to be an unfit parent and you would request the Court to grant you sole custody. Then you would be the only one who would give approval, assuming your present husband is approved by the investigation.
Answered on Mar 19th, 2017 at 5:52 AM
Yes, it is possible to process an adoption while the biological father is in jail. However, you will also need to terminate his parental rights and in a termination proceeding he is entitled to have an attorney and be present at all hearings. That doesn't mean you will not prove that termination is in the best interests of the children but it does make the termination process more difficult. Sometimes, a biological parent will simply sign an agreement to terminate parental rights especially if there is a financial incentive (i.e. waiver of past due child support).
Answered on Feb 08th, 2012 at 12:12 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
at
Law Office of William L. Spern
Update Your Profile
In Michigan, as I suspect is the case in all states, a person's parental rights must be terminated before an adoption can occur. As well, the parent must receive notice of the petition to terminate the parents parental rights. Each state has it's own statutes, court rules and procedures the provide the manner and method of seeking and obtaining of the termination of a parents parental rights.
Answered on Jan 27th, 2012 at 4:12 PM
Chapter 13 Bankruptcy Attorney serving Madison, WI
at
Komisar Law Office
Update Your Profile
The children's father's parental rights must first be terminated. If he does not agree to voluntarily do so you must file to terminate his rights. Certain criteria must be met and the father must have notice. If he qualifies a public defender will be appointed to represent in a termination of parental rights case.
Answered on Jan 26th, 2012 at 6:27 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
There is nothing about the father being in jail that, by itself, affects a step-parent adoption. If he won't consent, obviously the biggest obstacle from his incarceration is how it affects his ability to present his defense to an involuntary termination of parental rights. In Colorado, involuntary termination for a step-parent adoption can occur if there has been no payment of child support or abandonment in the 12 months preceding the filing of a petition for adoption. His incarceration does not automatically excuse him from financial support nor does it mean he can't be guilty of abandonment. You should consult an attorney who can evaluate your actual fact situation to give you better advice on how to proceed or whether you should delay the adoption until he is released.
Answered on Jan 26th, 2012 at 4:24 PM
Glen Edward Ashman
First of all, if you were planning to do this without a lawyer, don't. Pro se adoptions almost always fail. You need an experienced lawyer. That is a must. And he still must get notice. A lawyer will know how to do that in a way that gives you the best chance.
Answered on Jan 26th, 2012 at 12:17 PM
No. Part of the process is to terminate the biological fathers parental rights before the step parent adoption.
Answered on Jan 26th, 2012 at 12:16 PM
Family Law Attorney serving Santa Ana, CA
at
Law Office of Rhonda Ellifritz
Update Your Profile
You may be able to go forward without his permission, but you must give him notice of the proceedings.
Answered on Jan 26th, 2012 at 11:59 AM
1 Award
You can petition the court for the adoption. If the father objects, he will have to appear in court to contest the adoption. He may have problems doing so while in jail. In order to be successful, you will have to prove that the father has not paid child support for at least 6 months or has not visited the child in at least 6 months. If he appears at the trial, he would have to prove otherwise. Since he is in jail, you should be able to prove your case.
Answered on Jan 26th, 2012 at 11:50 AM
Dave Hawkins
No. His parental rights must either be terminated by the State or you must get his written consent. The proper procedure would be to serve him the Petition in jail and if he does not respond within 20 days, you can then default him. However, be warned, if an adoption is completed via a default, they are very easily set aside and the required post- placement social worker may not even accept the default in that you know he is incarcerated.
Answered on Jan 26th, 2012 at 11:48 AM
Yes. Plus most judges will grant an adoption with no contact within 6 months.
Answered on Jan 26th, 2012 at 11:43 AM
I believe that so long as the father has notice and an opportunity to be heard on the adoption petition you should be OK in moving forward. Double check with a lawyer in person because the only issue I see is whether the father would have an opportunity to be heard.
Answered on Jan 26th, 2012 at 11:37 AM
Family Law Attorney serving Petaluma, CA
at
Law Office of Erin Farley
Update Your Profile
Not unless Dad's rights have been terminated.
Answered on Jan 26th, 2012 at 11:35 AM
Yes, you can go through the step-parent adoption process while the father is in jail, but you still have to serve the father and he can still object while incarcerated. There are requirements that need to be met for the court to approve the adoption without the fathers consent. You should contact an attorney to discuss if your situation meets those requirements.
Answered on Jan 26th, 2012 at 11:28 AM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
No, you still need his consent.
Answered on Jan 26th, 2012 at 11:08 AM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
If he doesn't agree you need to file a petition to terminate his parental rights. If that is granted then your husband can adopt.
Answered on Jan 26th, 2012 at 11:06 AM
Business/ Commercial Attorney serving Seattle, WA
at
Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
The birth father must consent to adoption under Washington state law.
Answered on Jan 26th, 2012 at 11:06 AM
Mediation Attorney serving Bloomfield, NJ
at
Cassandra T. Savoy, PC
Update Your Profile
You will need to terminate his parental rights. Does he consent to this?
Answered on Jan 26th, 2012 at 11:06 AM