QUESTION
Can my husband adopt my children without the biological father's consent?
Asked on Mar 06th, 2013 on Family Law - Rhode Island
More details to this question:
My children have not had any contact with their biological father due to him having a domestic violence charge. Can my husband of 4 years adopt them without the biological fathers consent?
9 ANSWERS
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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No, your ex-husband will have to be given an opportunity to give consent to the adoption. He will have to be served with the petition for the adoption and can appear in court to contest it.
Answered on Mar 11th, 2013 at 9:21 PM
John Arthur Smitten
You must terminate the parental rights of the biological father. This can be done by consent or court order.
Answered on Mar 07th, 2013 at 11:06 PM
In order for your husband to adopt the children, the biological father either needs to consent or his rights need to be terminated by the court. I recommend you consult with an attorney to determine whether the facts exist to pursue termination of his rights.
Answered on Mar 07th, 2013 at 12:34 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, no because the father must be notified of the planned adoption. But, in Colorado and some other states the adoption can be granted over the fathers objection if the court finds a failure to provide financial support or abandonment.
Answered on Mar 07th, 2013 at 12:32 PM
You can go through the adoption, but you would have to file a petition to terminate parental rights to be able to complete the adoption. When you file the petition to terminate you will have to give notice to the father.
Answered on Mar 07th, 2013 at 12:32 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Only if the court says that it is in the best interests of your children. If the bio father has not made any attempt to get the no contact order modified, it doesnt look like he will object to the adoption. You can let him know that it will let him off of child support.
Answered on Mar 07th, 2013 at 12:32 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Possibly if there is abandonment look at the stepparent rules
Answered on Mar 07th, 2013 at 12:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depending on the circumstances, it may be possible, at least in the state of Michigan, to terminate the bio fathers parental rights allowing the adoption.
Answered on Mar 07th, 2013 at 12:32 PM
Dennis P. Mikko
Generally speaking, the biological father would have to consent. There are some exceptions if the biological father has not seen or provided support for the children for a period of time. You should seek the advice of a local attorney who, after reviewing all of the facts, give you some direction.
Answered on Mar 07th, 2013 at 12:31 PM