QUESTION
How will my husband get custody of my children?
Asked on May 05th, 2015 on Child Custody - Michigan
More details to this question:
I just remarried and have a wonderful husband who has been very active in the life of my children for many years. My children are ages 5 and 3. Does my husband just need to adopt my children? Is this something that we can do on our own?
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
All other things being equal, adoption may well be the best way. The birth father'/s parental rights would have to be terminated, if he is still alive. Using the word 'custody' in its strict legal definition, this is virtually the only way your current husband can get custody. It can be done without a lawyer. Check with the Clerk of Court for your county: some have forms you can use. Good Luck.
Answered on May 05th, 2015 at 4:02 PM
4 Awards
Before a stepparent adoption can occur, the biological father's rights must either be relinquished or terminated. Adoption is a very fact-intensive procedure requiring various specific allegations in the Petition and background checks, etc. Your spouse and you and the children must have all resided together for more than 6 months. Your spouse needs to be willing to assume all responsibility for the children even if you were to divorce in the future, etc. You should visit with an attorney who regularly handles adoptions to find out your options. Best wishes!
Answered on May 05th, 2015 at 3:54 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
Your current husband cannot adopt your children unless or until the children's biological father relinquishes his parental rights or the Courts terminate his rights. The story would have a different outcome if the children's father has passed away.
Answered on May 05th, 2015 at 3:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
The answer is not complex than the question, see an attorney. It will be determined by a number of factors you have no revealed in your query.
Answered on May 05th, 2015 at 2:25 PM