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How can my husband adopt my children from previous marriage?

Dallas, GA |

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?

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Attorney answers 3


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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Thank you! We are definitely in the process of researching Attorneys at this time.


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.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP EMAIL:, OFFICES: 53 W. Candler St., Winder, Ga. 30680, 106 Washington Street, Jefferson, Ga. 30549, Or 718 Oak St. Gainesville, Georgia. PHONE: (770) 307-4899 or (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


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.

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