My ex husband has been absent from my 3yr olds life since she was 4 months and my 2 yr old has never seen him. The courts ordered visitation and child support. Which child support is taken directly out of his pay check and visitation and phone calls are never made. My current husband takes the full father roll and they know him as dad. Hes been caring for them for over a year now and he would like to adopt them. Do i need the fathers consent...also i can prove that hes was abusive and was taken to jail for domestic violence against me which led to our separation and theartened my childrens life and stalked me as to why the judge allowed me to relocate to florida. While the father lives in west virginia. What can i do?
I'm not in your state.
Parents and children have a legal relationship between them, just like husband and wife have a legal relationship. The legal relationship is the source of parental rights, like custody/visitation, and parental obligations, like paying support. An adoption normally requires that the other parent's legal relationship be terminated so that the legal relationship can be created with the adopting parent. The legal relationship can be terminated by consent of the other parent, or by court order.
You probably want to have an attorney involved with this. An adoption is not something you want to mess up, and you have more than one state involved here. It also sounds like your current marriage is still relatively new - a local attorney will be able to tell you if that is a problem. An adoption is a permanent thing and in many states/locations the judges are going to want to see a marriage with stability before they start moving parents around.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline