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Can my current husband adopt my children?

andrea2011's picture

Submitted by andrea2011 on Sat, 01/15/2011 - 12:43am

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My question is Can my current husband adopt my children? My ex husband does not visit with or provide for our children together and hasn't for years...How do we go about this process and is it complicated, only real complication I think there might be is that my ex husband is nowhere to be found. Child Support could not find him and I search for him for about 6 months before I moved out of state, I filed 2 years ago against ex husband for termination of parental rights, of course he showed up to that hearing, judge gave him a second chance and of course haven't seen or heard from him since... :?

TheOtherMom's picture

Submitted by TheOtherMom on Sat, 01/15/2011 - 12:58am

You have to file again for him to give up his parental rights.
There is also the "no contact" clause in some states. I am looking for the website now that gives you the list of states.
Bottom line: yes your current husband can adopt them but in most instances, your ex husband must forfeit his parental rights.

AVR1962's picture

Submitted by AVR1962 on Sat, 01/15/2011 - 2:46am

Depends on the laws of the state, an attorney can answer those questions. I looked into years ago when I went thruj my divorce, ex just left and made no contact. There are requiremnts, you have to be remarried for something like 2 years and ex will have to make no contact with you or the children and no child support payments made for 1 year. OR you can ask ex to abandon his parental rights which is a legal process and then your husband can adopt. Perhaps different in the state you live right now so I would check to be sure.