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How can my husband adopt my children from previous marriage?

Dallas, GA |

My husband and I were married over a year ago and he would like to adopt my 2 children (4 & 6). My ex husband is incarcerated and has not supported my kids since 2008. What steps do I need to take to get this resolved so that my current husband can have all legal rights as I do?

Attorney Answers 3


  1. It's wonderful that your new husband wants to step up to the plate with your children. The real key to step parent adoption is a simple but vital one - hiring a lawyer with adoption experience. The lawyer will make sure you get through what is a technical but exciting process, terminating parental rights as part of the case.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  2. Since the biological father has not supported the children for at least a year, your husband can file for adoption and move to terminate the father's rights within the adoption case. The process, although technical, should be easy for an experienced adoption attorney. Call around and find one in your area you are comfortable with.

    The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP EMAIL: hmgrmg@yahoo.com, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


  3. This issue will require you obtaining an Adoption Attorney in your area. Depending on the location and Jurisdiction there are several steps to this type of adoption. You man need to file an involuntary termination of parental rights petition, or a voluntary if the biological father is in agreement. A state agency may need to approve your current husband and back ground checks must be taken, This is a huge family change and it is of the upmost importance that you contact and hire an Attorney.

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