Please consult with a family law attorney regarding a step-parent adoption. This is a classic step-parent adoption situation, and a family law attorney will be able to help you navigate the system & to complete the adoption!
The answers submitted on AVVO by Chelsea K. Merta and Lotus Law & Legal Services, LLC, are for informational purposes only and do not constitute legal advice in any capacity. The answers submitted are not intended to be advertising and are not guaranteed to be correct, complete, or up-to-date in accordance with Missouri law. The transmission of the information provided on AVVO is not intended to establish, nor does not it, establish or constitute an attorney-client relationship in any capacity. The questioner consult with legal counsel prior to acting on the answers provided. Every case is different and must be judged on its own merits.
It is not clear to me what question you're asking. If you are the mother and are inquiring about your current husband adopting the children, then you need to file a stepparent adoption and either get the consent of the biological father or prove to the court that the biological father has substantially abandoned or neglected the children for the six (6) month period preceding the filing of the adoption. The biological father must be served unless he has consented to the adoption and waived service. If you are the spouse of the biological father and want to adopt the children, then you need to get the consent of both biological parents and/or prove that any non-consenting parent has substantially abandoned or neglected the children for the six (6) months period preceding the filing of the adoption. Please immediately schedule an appointment with an experienced family law (adoption) attorney who regularly practices in the county where any previous custody order was filed, or where the children currently reside, to discuss whether you have sufficient evidence to proceed at this time.
The specific facts are different in each individual case, my response is provided for general, informational purposes only and should not be construed as specific advice directed to any individual person. Since I have not had the opportunity to review all the specific facts and any supporting or explanatory documents in this matter, this general opinion should not be relied upon in your specific case. This communication is not intended to create an attorney-client relationship with any specific person and should not be construed to create an attorney-client relationship by any individual.
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