adoption help please**************

[lemuria]

What is the name of your state (only U.S. law)? Virginia

My husband wants to adopt my kids. The natural father has not seen or contacted in any way since sept. of 2005. He only pays child support when he works and it is taken out of his check. The last time he tried to get the visitation order amended, he failed a drug test. I was never married to the kids' natural father. Can my current husband adopt my kids?


lemuria

[TheGeekess]

Originally Posted by lemuria

What is the name of your state (only U.S. law)? Virginia

My husband wants to adopt my kids. The natural father has not seen or contacted in any way since sept. of 2005. He only pays child support when he works and it is taken out of his check. The last time he tried to get the visitation order amended, he failed a drug test. I was never married to the kids' natural father. Can my current husband adopt my kids?


lemuria

Not without permission of Dad. Child support=contact.

[Gracie3787]

Originally Posted by lemuria

What is the name of your state (only U.S. law)? Virginia

My husband wants to adopt my kids. The natural father has not seen or contacted in any way since sept. of 2005. He only pays child support when he works and it is taken out of his check. The last time he tried to get the visitation order amended, he failed a drug test. I was never married to the kids' natural father. Can my current husband adopt my kids?


lemuria

First, talk to your ex to see what he will agree to. Sometimes it can help when the NCP finds that they will no longer have to pay CS. If arrears are owed, and none is owed to the state, you can also offer to forgive the arrears, as an additional incentive.

Second, get a consult with a local attorney.

[RRevak]

The first thing I want to ask is when did dad attempt to modify visitation? And was it to have more time with them? Although I agree with Gracie as this is how my ex agreed to allow my husband to adopt, the attempt by dad at modification concerns me. If he was seeking to have more time with his children then just asking him to allow someone else to adopt them might not be as easy as it sounds. He may want to have them but may have personal issues getting in the way. You first need to figure out where dad wants to be in terms of being dad and if you think he truly wants to be out of the picture then a talk might work. If not then dont get your hopes up too high at him agreeing as without his agreement your husband cannot adopt.

[lemuria]

He tried to modify the visitation last year. (But he still has not contacted the kids in any way since Sept. of 2005.) the judge denied it due to him failing a drug test and recent legal issues he had been convicted of. He has my address and phone number, but has not made any attempt to write, call or otherwise make any contact with the boys. He only pays child support when the DCSE finds out he is working, other wise I get nothing. I only know the town he lives in, I don't even know exactly where he is. So contacting him is out of the question. He is also abusive, an alcoholic and a drug addict. We also were never married, so I am not sure if that is a factor either.

[Gracie3787]

Originally Posted by lemuria

He tried to modify the visitation last year. (But he still has not contacted the kids in any way since Sept. of 2005.) the judge denied it due to him failing a drug test and recent legal issues he had been convicted of. He has my address and phone number, but has not made any attempt to write, call or otherwise make any contact with the boys. He only pays child support when the DCSE finds out he is working, other wise I get nothing. I only know the town he lives in, I don't even know exactly where he is. So contacting him is out of the question. He is also abusive, an alcoholic and a drug addict. We also were never married, so I am not sure if that is a factor either.

My previous advice stands- talk to him, and get a consult with an attorney.