How does my husband adopt my son? My son's father is in jail?

Question

I don't know what jail he is in and we need this adoption to happen so that my husband can be involved in my son's schooling.

Answer 1

Unless his father is a felon with a long incarceration time, you need his permission.  Your lawyer can contact the jail system to locate him to get him to sign off on the adoption.  If he doesn't, you are just out of luck although your husband certainly can be involved in your son's schooling as a stepfather.

Answer 2

If the biological father is listed as your son's father, he must be willing to sign off his parental role. Then, you have to get an attorney to complete the paperwork that will designate your husband as your son's legal father. It will take several months before the paperwork is finalized. Be sure you're doing the right thing. Does your son want this? If not, don't do this, because it will only put a strain on their relationship that will be further complicated by legal issues later on. Go to your yellow pages and hire an attorney who specializes in adoptions.

Answer 3

You don't have to have legal custody to be involved in schooling. Step-parents and even friends can be on the emergency contact card, attend parent-teacher conferences, and pay tutition. Single mom's add boyfriends or friends all the time to their children's school contact info.

Your son's father needs to sign over his parental rights in order for you guys to start the adoption process. Get a lawyer.

Answer 4

Wow! I'm surprised the school isn't more of a target for you! Your husband already qualifies to sign for your son under the Loco Parentis doctrine. (I'm kind of surprised your father hasn't told you that!) The school should be allowing a step-parent to sign as he is acting in the role of a parent. Step-parents DO have the right to sign for step-children! The school is overstepping their bounds and if I were you I'd have let 'em have it!!!

Answer 5

he cant adopt him without the fathers consent

Answer 6

The father normal has to sign over his rights. Contact a lawyer

Answer 7

First off, if you are going to take the legal precedings, you will need to get a lawyer that specializes in adoptions and family issues. You will then need to find the biological father and have him sign away his rights as a parent. Once he does that, your husband can legally adopt him.

Good luck!!!

Answer 8

wow, nice situation/screen name