My Boyfriend Is Currently In Jail We Been Together Going On 3 Years I Have A 4 Year Old & He Been In Her Life Since She Turned 2 Her Biological Father Is Another In Her Life & We Been Talking About step Parent Adoption. Will He Be Able To Adopt Her While In Jail ? Or will I have to wait to He release
What you wrote is very unclear- is the biological father in your daughter's life? If so, forget about step parent adoption. If not, and if the biological father consents (or ignores the adoption paperwork after you serve him with it), you still have several more hurdles.
First, you need to marry your boyfriend. Second, he needs to be out of jail. Third, you still need to wait a few more years after that to prove to the court that he is in a permanent, mutually emotionally and financially supportive relationship with BOTH you and your daughter. Step-parent adoptions are not just about filing paperwork and waiting for a judge to sign an order, even if the biological father is not in the picture. You have to prove to the court he is a significant and positive influence in your daughter's life, and that you are a family. With your boyfriend in jail and you two not even married, you are quite a few years away from that. And depending on how much longer he'll be in jail, whether he's coming back to/how fast he can find a job, why he's in jail in the first place and whether he's a first time or repeat offender, any of those factors might prevent a court from signing off on the adoption, as well.
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