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I have two children who are 11 and 12. They have the same father. He petitioned to legitimate them and it was denied because of a long history of domestic abuse, drug use, stalking and kidnapping. I have been with my husband since the children were 3 and 4. He is the only father they know. Does my husband have any legal rights and do we have to notify my ex so that my husband can adopt the children since legitimation was denied?
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Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You must ask the court to terminate his rights. Does he maintain contact with them? Does he get any time or visitation with them? If yes, you will probably not be allowed to have your husband adopt them, unless bio dad agrees to have his rights terminated. You need to talk with an attorney about the issue.
Answered on Jan 23rd, 2014 at 9:25 PM
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In order for your husband to adopt them, you must obtain the father's consent. If he refuses to sign a consent, then you and your husband can file a Petition for Adoption and serve the father. At trial, the father will have to prove that he has provided child support within the last 6 months or has communicated or visited with the children within the last 6 months. If he cannot prove such, the adoption would be granted.
Answered on Jan 23rd, 2014 at 9:25 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Your husband may adopt the children with the children's consent, and after the natural father's rights are terminated based on his agreement, or his failure to support the children, or one of many other statutory grounds which might apply in this case.
Answered on Jan 23rd, 2014 at 9:25 PM