my children they have not seen her father over six years and do not plan on seeing him I do have sole legal custody of all three of them and right now their father is in jail for murder charges and is doing 28 years.. I just wanted to know if there’s a possibility that we will be able to get my husband to adopt them and what we need for that to happen? And would it be easier to get adoption right or get his rights rebuked?
If your children's father is willing to sign off on the adoption, you can do a simple stepparent adoption. If he is not, you would have to prove abandonment of the children, which may be possible if they have not seen each other in over six years, and ask the court to terminate the father's rights, and then you could do the stepparent adoption in that process.
Disclaimer: attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
Based on the facts you shared, it sounds very likely that your husband could petition for a step-parent adoption while also applying to terminate the biological father's rights under Family Code Sections 7822 (abandonment) and 7825 (conviction of a serious felony evidencing parental unfitness).
It is unlikely that the court would terminate parental rights without a pending adoption, so it is best to complete both legal processes with the assistance of an experienced adoption attorney.
The advice given in this answer should be reviewed with legal counsel of your own choosing, to ensure that the specific and unique facts of your case are taken into account when evaluating the potential courses of action that are available to you and appropriate to attain your desired result. Therefore, do not rely on this response as a definitive answer to your question, but rather as a resource when considering your options.
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