So I have 2 kids from different dads... my sons which is 5 hes not here in the country hes in mexico and hes never coming back because of hes immagration status... he left when I was pregnant theres no involvment with him.. my daughters which is 3 hes here local but wants nothing to do with her.. seen her mayb 10 times in 3 yrs.. asked him to give up hes rights but dosnt want to or go to court... make note that niether dads are on the birth certificate or accepted paternity or gave last name.. I remarried and have been legally married for 9 months been togeather 2 yrs and 3months ... my children see and say my husband is there father hes been with us through everything and provides for them .... what can I do in my situation
Adoption is always an option for a married couple. You likely will have to satisfy the Probate Court that you have done due diligence in seeking out the agreement of the fathers' whose rights will be terminated, whether they are legally determined as fathers, or not.
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Since neither of your children have a relationship with their biological father, a stepparent adoption is a good idea. Biological fathers will have to be notified of the adoption proceedings. You will have to show that you have made diligent effort to locate them, and if you cannot locate them you may have to provide notice via publication where they were last known to reside, even if that is in a different country. The court will also have to consider whether adoption by your husband is in the children's best interests, and will likely require a criminal background check on him as well as evidence regarding his close and loving paternal relationship with them. You may want to wait until you have been married at least a year to demonstrate marital stability. I would suggest that you consult with a local attorney who practices adoption law. For referrals, check with the American Academy of Adoption Attorneys.
I agree with the prior answers and would like to add that Adoption Statutes are very specific in terms of what must be done to achieve the desired result. An experienced attorney can assist you in this regard. Best of luck to you.
This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.
Hello! I'm an adoption attorney, licensed in California and Idaho. Yes, stepparent adoptions are possible. This is when the spouse of one of the child's biological parents adopts the child and the rights of the second biological parent are terminated. The case with your son, who lives in Mexico, would be more complicated because it would be an international stepparent adoption. Even if your children do not have relationships with their biological fathers, you must notify them of the adoption and give them a chance to consent or respond.
If your husband wants to adopt the children there is a way for him to do it. If neither father has been judicially determine to be the dad, and he has not been involved or contributed or attempted to contribute to their support, that would make it easier. Your Husband would be the petitioner if he wants to adopt the children, and he would need to be aware of all the rights and responsibilities that come with that.
The information provided is for informational purposes only. It is not intended to be legal advice and does not form an attorney client relationship.
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