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?
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.
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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.
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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.