Can Biological father stop adoption?

[765cmom]

What is the name of your state?What is the name of your state? Indiana but biological father lives in Illinois. The Biological father has never paid support and we were never married, he has however seen the kids most week ends. Here is the situation in short he has had problems with drugs off and on but the last year or so he has gotten really bad and over the last two years I have had to make a few police reports because he has threatened my life. My husband of 5 years wants to adopt them and this is what they say they want (they are 7 and 9). He has taken care of them in every way since we met in 1998 . There bio dad says he will sign over soul rights to me but not for them to be adopted by my husband if he signs over all rights to me does he still have a say in the adoption?

 

[stealth2]

He won't be able to sign away his parental rights/responsibilities w/o consenting to the adoption.

 

[BelizeBreeze]

What is the name of your state?What is the name of your state? Indiana but biological father lives in Illinois. The Biological father has never paid support and we were never married, he has however seen the kids most week ends. Here is the situation in short he has had problems with drugs off and on but the last year or so he has gotten really bad and over the last two years I have had to make a few police reports because he has threatened my life. My husband of 5 years wants to adopt them and this is what they say they want (they are 7 and 9). He has taken care of them in every way since we met in 1998 . There bio dad says he will sign over soul rights to me but not for them to be adopted by my husband if he signs over all rights to me does he still have a say in the adoption?

Yes he does. He's the father, good or bad. The ONLY way for your husband to adopt is to have the ex's rights terminated and that's not likely to happen based on your post.

 

[GaAtty]

GaAtty

I'm sure you meant "sole" rights, not "soul" rights. The father cannot "sign over sole rights" to you, the court does this. Yes, he has a say in the adoption, the children cannot be adopted without his parental rights being terminated. In other words, a kid can't have two fathers! I question whether a 7 and 9 year old really understands the legal implications of adoption and termination of parental rights, and therefore I don't think their opinion should be given great weight. Regardless, it seems that you should focus on the joy of the children rather that who has possessive rights in them. Adoption for kids in divorced families is usually just a weapon used to jab at the ex-spouse and try to exclude them and belittle them. Don't jump on that bandwagon. It does seem that you would do better to focus instead on making the father pay child support. How has he gotten away with that for 7 or so years and why haven't you made him pay? This is what is unfair to your children, much more than an adoption that you think should happen.