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If my current husband has a criminal background can he adopt my children?

Douglasville, GA |

He had to serve time, and after being out was awarded sole custody of his 3 minor children, will his conviction (drugs) keep him from adopting my children?

Attorney Answers 4


  1. Best answer

    Having a criminal history/background is not a complete bar to an adoption; especially not a step-parent adoption. The judge will look into the nature of the conviction(s), the age of the most recent conviction, the behavior since then, and a myriad of other information. Everything will be weighed, then a decision will be made based on what is in the best interest of the child.

    Regardless of your husband's prior conviction, he absolutely should not attempt to adopt your children without hiring an attorney to assist him!

    Good luck.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.


  2. A drug conviction should not prevent Jim from adopting your children. DFCTS normally does a background check but a drug charge shouldn't prohibit him from adopting. Good luck and give me a call at 770-382-9591 if you would us to help with the adoption.


  3. An attorney would need a lot more detail to answer. Part of the adoption process is a criminal background check. How serious the drug charge was and old it was, and whether he has been drug tested since would certainly be factors. So would the circumstances of his custody case. You'd want to sit down with an experienced adoption lawyer to fill in the detailed blanks.

    If you wish to do a consultation at my office, please call me at 404-768-3509.

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  4. No. The test for ALL child custody matters is the best interests of the child. He needs tO disclose that in full.

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