Can my husband adopt my 2 childrren without consent from biological father?

Question

I was married before and my ex and I have 2 wonderful children together and well, we ended up getting divorced because I got tired of him hitting me and I was just not happy. He had even hit me in fornt of our son and to this day he remembers it and I never said anything to him about it. Well, since then I have remarried and I have another son with my husband now and he wants to adopt my other 2 children, can he do this without having their father sign his rights away? Their father really hasn't done much for them, he breaks promises and he is just so in and out with them. My children love and trust my husband now and he treats them and loves them like his own. He is the one who provides for them, gets them what they need, covers all insurance for them, when in all he don't have to because in court papers their father is supposed to do that and well he has yet to and it has been 4 years since our divorce. So, can we go ahead and start adoption procedures without the bio's consent and without him having to sign rights over? He has already told me he will never sign them over. Please Help!!!!

Answer 1

No, unless the parent is unfit, he doesn't have to sign off his parental rights.  

Answer 2

First of all congrats on finding a MAN!  You should feel very lucky to find someone with a big enough heart to take in two kids who are not his own.  I to have been adopted my my "step dad" who in all honesty I consider my REAL father.

I dont think you need the biological fathers right.  I was young when my mom did this but if you go through the court it is possible.  I remember I had to write a letter to the judge explaining that I wanted my "new dad" to adopt me.  This should be posible especially if you and your kids want this.  It may take some time but it is possible.  I even took my new dads last name and got rid of the jerks all together.

Also if your kids biological father is not still in the picture and not paying child support it should be even easier.  The courts hold what the children say in very high regard.

Good luck and congrats on finding such a great man.

Answer 3

These laws vary by state but the only one who can tell you the answers to your questions is a Family Law attorney. There might be ways to "go around" your ex husband because he hasn't abided by the rules of the divorce decree or supported his own kids in any way. It might also depend on who has sole custody or if you share custody equally. If you can't get around the adoption thing, you might be able to legally change your first two kids' names to your present husband's last name. You might also needs the biological fathers permission for that one too though. As I said, speak to an attorney and get a consultation. The attorney will be able to tell exactly what you can do in your state and what you can't.

Answer 4

Unfortunately no. You have to either have the biological father sign the agreement to allow the children to be adopted or go to court & move to have his rights terminated. Without his rights being terminated he can contest any adoption.