QUESTION
How do I terminate my ex husband's child custody rights so that my new husband can adopt our children?
Asked on Jun 28th, 2011 on Child Custody - Ohio
More details to this question:
How do I go about terminating parental rights if the father is no longer in my child's life and my new husband wants to adopt my children?
16 ANSWERS
Our firm is very comfortable with the Termination of Parental Rights and Adoption process.
Answered on Jul 11th, 2013 at 2:32 AM
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General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You must do a step-parent adoption. The biological father must consent or you must show he's abandoned the children.
Answered on Jul 05th, 2011 at 12:53 PM
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If your ex husband has not supported his children pursuant to a court order of child support for six months, or if he has not contacted or communicated with them without just cause for six months or more, he may have waived the requirement of his consent to any adoption. If that is true then the judge in the adoption case will decide whether or not the adoption is in the children's best interest, and grant or deny the adoption accordingly.
Answered on Jul 01st, 2011 at 4:45 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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You file an adoption action and in the process seek and order terminating his parental rights. I wrote on article relating to this issue on Facebook and on my website.
Answered on Jul 01st, 2011 at 10:15 AM
In Georgia, you can file a step parent adoption. If the biological father will not consent, you can have a trial on the matter and the Court decides whether to grant the adoption and terminate the father's rights at the same time.
Answered on Jun 30th, 2011 at 12:02 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Here in Ohio the mother must either have the bio-father sign a release, or show that she gave him the opportunity to sign a release. He also must be out of the child's life for over as year. An adoption can take as long as six months, and the paperwork must be properly prepared.
Answered on Jun 30th, 2011 at 12:00 PM
William Guy Pontrello
Consent is the easiest way get the real fathers consent. unless the father is a murdering pedophile parental rights are very difficult to terminate.
Answered on Jun 30th, 2011 at 11:39 AM
Patricia C. Van Haren
In order to terminate rights, you would first need to petition the court and provide notice to your former husband. The court will then set a hearing to terminate the rights. After the rights have been terminated you may then file your petition that your new husband adopt your children.
Answered on Jun 30th, 2011 at 11:36 AM
Steven D. Dunnings
You need to file an action in Probate Court for your husband to adopt the kids.
Answered on Jun 30th, 2011 at 11:21 AM
Glen Edward Ashman
The very important step here is to hire a good lawyer with adoption experience. The termination of parental rights is part of the adoption itself. Even a slight misstep can prevent an adoption. The details of handling the case also vary by county. My office has handled adoptions across Georgia for 31 years, so feel free to contact me with details. I can better advise you of the steps with more detailed facts. If there is a possibility the father may consent, the case will be somewhat simpler, but adoptions can, in some cases, happen without consent. Over 99% of lawyers have never done an adoption. This is a specialized area of lawyer where experience matters. It is far too complex to do pro se.
Answered on Jun 30th, 2011 at 11:21 AM
Short version: You file and conclude a Termination of Rights action, and then file and conclude an adoption. Obviously, both are considerably more difficult and complicated than simply filing a form, and can be intricate if opposed.
Answered on Jun 30th, 2011 at 11:09 AM
The situation that you are describing is called a "step parent" adoption. How easy or complex it is going to be will depend on a number of factors. One of them, however, is whether the children's biologic father is willing to consent to the process. Regardless, your spouse will have to file a petition to adopt the children. You will have to join in that petition. The biological father will have to be served. There will likely have to be a post placement study and report done. If the home study comes back good, and if the bio-father consents, and if all of the notices and forms are properly done, then, a decree of adoption can be entered. Because all of this can get rather complex, particularly if the biological father either doesn't consent or can't be found, my advice would be to hire an adoption attorney.
Answered on Jun 30th, 2011 at 10:53 AM
It's not as difficult as you might think. Cost is about $2,000. We have an attorney in our Brookfield office who handles these matters.
Answered on Jun 30th, 2011 at 10:18 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You would have to obtain your former husband's consent. If he is consenting, the process is pretty straightforward. If he is not, then there would have to be some sort of abandonment in order to terminate his parental rights (which is extremely difficult to prove - requires no contact, no support, no nothing for at least several years. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available.
Answered on Jun 30th, 2011 at 10:18 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your new husband can file a Petition for a Step-Parent Adoption and as a part of that case the Court can terminate the father's parental rights. Termination will require either (a) the father's consent or (b) a ruling by the Court that during the one year prior to filing for the adoption the father has failed, without just cause, to financially support the children or has abandoned them. If you don't believe the father will consent, you should first consult an attorney to evaluate the situation and assess the chances for accomplishing termination over the father's objection.
Answered on Jun 30th, 2011 at 10:14 AM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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In Ohio you can initiate proceedings for a step-parent adoption in your county's Probate Court. The law in Ohio is that a natural parent's consent to adoption is not required if they have had no contact or support with the children in the past year. They are still entitled to notice, however, and may contest if they were involved in the past year. You should contact an experienced attorney in your area to discuss your options and how to proceed.
Answered on Jun 30th, 2011 at 10:04 AM