My children call my fiancé dad, because they have known him since he was little. They know he is not their real father, but I want him to become their legal father after we are married. My children have not seen their biological father in 3 years, and he does not pay his support fees.
The natural father must either consent to the adoption or have his parental rights involuntarily terminated. Then the adoption would proceed as a step parent adoption.
You probably have grounds for an Involuntary Termination of Parental Rights of the birth father. A step-parent adoption (which is one of the days when everyone in court is happy) can be filed after the TPR is granted. Some courts let you file both petitions at the same time. Consult an experienced matrimonial lawyer in your locality.
The biological father will have to either surrender his parental rights to allow the adoption or have the terminated by the court. This is not for amateurs, engage an attorney.
Yes, under Louisiana law, once you have been married for 6 months, your fiance' would be able to adopt your kids without their biological father's consent, based on the information given.
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