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Can my new husband legally adopt my children?

Revere, MA |

I have sole legal/sole physical custody of my children. My ex husband has visitation. I have a lifetime restraining order against my ex. I am getting married next October and my new husband wants to adopt my children. Is this possible?

Attorney Answers 3


A precondition to your adoption will have to be the termination of the parental rights of your ex husband. With the information you have disclosed, it is not possible to assess the likelihood of termination. Courts tend to be protective the the right of a parent to continue a relationship with a child when the parent has made a reasonable effort to establish and nurture that relatioship. Nothing short of a detailed case review by an experienced local family law practitioner will meet your needs.

Best wishes for an outcome that serves the best interests of your children, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Yes. But it requires permission of the other parent.

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2 lawyers agree


Your new husband cannot adopt the children while your ex is still their legal parent. You will need his permission, or will need to seek to terminate his parental rights.

Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.

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