Tuesday, October 16, 2012

CAN I TERMINATE PARENTAL RIGHTS SO THAT MY HUSBAND CAN ADOPT?

QUESTION: My almost 5 year old son's dad has not been in his life since he was 6 weeks old. He has been in and out of prison since my son was born and is a registered sex offender. He has also been charged with drugs. He is currently in prison and is not due to be released until October 2013. My Husband who I have been with since I was 8 months pregnant and married to since my son was 3 months old wants to adopt my son. My son knows him as his daddy and that's all he has ever known. How do I go about terminating his father's parental rights so that my husband can adopt him? =============================================== MY RESPONSE: Your husband would best retain an experienced Adoption Attorney to represent him, if he wants to adopt your son. If the father has not supported or contacted his son for over a year, the Court will likely terminate his parental rights in the adoption process. However, if the father is in prison, the Court will bend over backwards to protect the father's rights, by appointing an attorney to represent the father in the adoption and parental termination proceedings, so your husband would be far better off having his own attorney represent him in the adoption.

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