My husband adopting my youngest child

[heartbrokenmom]

My question is about my husband adopting my 3 yr old son!
His biological father as not seen him or payed any support in over 10 months, he is currently in jail, he has been there for 5months and has 4 more months left, he is in there for sexual misconduct with a minor. My question is if my sons biological father does not sign off rights to my son do you think my husband and I would still have a chance of the adoption? There is so much more to this but in the judical system they do not think its important.

 

[mightymoose]

If the biological father does not cooperate then you will need a judge to intervene. With the reasons you give here, I think a judge would not be too compelled to take away parental rights. You could certainly try though.

 

[jharris352]

You can petition to have the rights of the father terminated for cause. Usually abandonment (physical and support abandonment) requires one year absence. You will have that by the time you get around to acting.

While his abandonment issues could cause a loss of his rights, his sexual criminal history alone probably will not unless he has done so with that child or a sibling. Have you contacted the biological father to ask his feeling on the matter? He is unlikely to have anymore than supervised visits anyway with his conviction. Does that answer help?

 

[mightymoose]

His incarceration won't count as abandonment though.

 

[cyjeff]

In fact, I have known cases where judges insisted the non-incarcerated parent bring the child to prison so that the visitation can be held through wireglass.

Be careful here... you don't want the judge to ask difficult questions like "have you taken the child to see dad? Have you allowed him to take dad's call or letter?"

 

[heartbrokenmom]

Why wouldn't him being in jail count? He is able to call and does not, he knows how to write and does not do that either. I have never asked him how he feels because he has always talked about wanting to be the father he never had, but he is not being that father, my husband really is the only person that has been there for my son, from the day he was born!

The judge suspended his visits while he is in jail. So basically it is going to be a big battle for my son to have a safe enjoyable life with the father that loves him.

 

[cyjeff]

Why wouldn't him being in jail count? He is able to call and does not, he knows how to write and does not do that either. I have never asked him how he feels because he has always talked about wanting to be the father he never had, but he is not being that father, my husband really is the only person that has been there for my son, from the day he was born!

The judge suspended his visits while he is in jail. So basically it is going to be a big battle for my son to have a safe enjoyable life with the father that loves him.

No, with the LEGAL STRANGER that loves him.

Your husband has no more legal rights to the child than I do.

Have you written to dad telling him that his child misses him?