What would my husband and I need to do for me to adopt his 2 sons?

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What would my husband and I need to do for me to adopt his 2 sons?

We have been discussing it for sometime now. Their mother is not in the picture and hasn’t been for some time now. He has fully physical custody of them. She is in and out of jail (currently in jail and looking at a possible 7 years) for several different charges, drug abuse, identity theft, violating probation… the list goes on. She hasn’t had contact with them or paid any kind of child support for them in years. What would we need to do to go about having me adopt them?

Asked on May 24, 2011 under Family Law, Arkansas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The children are so lucky to have you in their lives as a positive role model.  What has to happen is a termination of their natural mother's rights.  She can do so voluntarily or you can petition the court to terminate her rights.  Both should be done with the help of an attorney to make sure it is properly done and both should be done with a petition for adoption waiting in the wings, even noticed for the Court the same day.  This will make it a stronger case in your favor and more likely that the court will grant both. It is obviously easier if she agrees.  Good luck to you and to the children.


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