Can my husband adopt my son? His father has 3 violent felonies, no job, no home. It is about to be a year since he's been out of prison, and he hasn't made any progress.
Answer
Hey stepparent adoption would require a petition for stepparent adoption and a petition to terminate parental rights. This area of law is quite complicated. Please meet with an experienced family law attorney to explore your legal options.
Answer
The first question is whether the biological father will object. If not, then absolutely yes your husband can adopt his step-son. If the father is going to object it becomes much more complicated. Adoption by your husband requires termination of the bio-dad's parental rights. That is not something that the courts do lightly or easily. Essentially it requires that the bio-dad be found to have abandoned the child or to be completely and irredeemably unfit to be a parent.
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