QUESTION
What would it take for me to adopt my boyfriend's kids?
Asked on Feb 11th, 2014 on Child Custody - Louisiana
More details to this question:
I was wondering what it'd take to adopt my boyfriend’s kids as his own. He has custody of both of his kids. The children's mom is hardly in their life. She gets them for one weekend a month. Every time we get them back they seem to be brain washed from what she says and it's not healthy for them. They're only 3 and 4 and shouldn't be treated like that. I am there more for them as a mom than she is and will ever be. I wouldn't be surprised if she still does drugs when she is with them even though it’s against all the legal papers for her to do. She has a hard time getting them most months or need to meet at a different location to better fit her needs. She has moved around 3/4 times in the last year making it so she can't take the kids on some weekends. Please help me figure out what I need to do to adopt them. I love them completely and want to be there for them every day of my life like a mom should be. I know she won't sign over her rights but is there some other way? Thank you for helping me!
5 ANSWERS
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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She could agree to the adoption and sign an affidavit. That would get her out of paying child support. If she is unwilling you could terminate her rights based on non payment of child support for a whole year, or on her failure to complete a drug rehab program if she was ever ordered to complete such a program. There are other grounds such as endangering the children.
Answered on Feb 18th, 2014 at 4:17 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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In order for you to adopt the children you would first need to be married to their father. If she was unwilling then to allow you to adopt them you would have to prove that she is an unfit parent and have her rights terminated by a court.
Answered on Feb 18th, 2014 at 4:13 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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There is no basis for an adoption under the current circumstances. Their mother has on going contact. To sever that would not be in their best interest.Were she to not see them for an extended period of time (e.g. a year) you might be able to make a case. But not under the current conditions.
Answered on Feb 18th, 2014 at 3:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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First, you need to marry your boyfriend. Your state may allow it without marrying him, but I doubt it. Second, you have to prove whatever your state requires to terminate her parental rights. However, since she does see them once a month, it is unlikely you will be able to prove abandonment. Perhaps the most you can hope for is for your boyfriend to move for a change in custody based on what mom tells the boys and get supervised visitation.
Answered on Feb 17th, 2014 at 4:53 PM
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First of all, you should be married to your boyfriend and you could then petition the court to adopt them as as a step-parent. The problem you will encounter is that the mom would have to agree to the adoption. If she does not agree to it, you could still pursue the adoption but your likelihood of success would be very slim since she is still seeing them and somewhat involved in their life.
Answered on Feb 17th, 2014 at 4:53 PM