My ex husband has been in and out of jail and rehab for his dui's and drinking problems. He doesn't have a job and has never paid child support. I'm getting remarried this summer and want my new husband to adopt them but I know their father wouldn't sign anything. Is there a way around that? If not, can I still add them onto my new husband's health insurance after we get married?
There's a lot of ways this can be handled. Keep in mind, if an adoption is granted, it severs his child support obligations going forward. Some non-custodials have no problems severing family ties if they figure it'll save them some money (sadly, such is life).
But before you do ANYTHING, talk to an attorney that handles adoptions for specific guidance.
When you remarry, your children can be claimed as dependents on your new husband's insurance. However, your bigger question is about adoption. Based upon the facts that you have presented, your new husband will be able to adopt your children - if and only if your ex either voluntarily relinquishes his parental rights or they are terminated for cause. The statute is very clear what constitutes cause for purposes of termination of parental rights. We cannot give you a definite answer on this message board but certain factors include abandonment, failure to show interest and failure to support. You should consult with am experienced adoption attorney in your area. You will need a lawyer to assist with the adoption anyway, so you might as well be prepared in advance.
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