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  1. #1
    tommyrst is offline Junior Member
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    Can I adopt my wife's children if I have a felony?

    Minnesota - I have a felony on my record for an assault charge 10 years ago. My wife has 2 kids and the father pays child support but has not been in there life and does not want to be. He is willing to sign his rights away. Will my past felony prevent this from happening?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by tommyrst View Post
    Minnesota - I have a felony on my record for an assault charge 10 years ago. My wife has 2 kids and the father pays child support but has not been in there life and does not want to be. He is willing to sign his rights away. Will my past felony prevent this from happening?


    What was the sentence?

    You need to speak with a local adoption attorney; depending on the nature of the felony, your status now, it might hinder you greatly.

    Then again, it might not.
  3. #3
    Zigner is offline Senior Member
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    Does the father know about your past?
  4. #4
    tommyrst is offline Junior Member
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    There was no jail time with the sentence, just some fines, restitution, community service and anger classes. Everything was completed 100% and I am in good standing.

    No, the father does not know about the charge. Even if he did he probably wouldn't care. He just doesn't want to have to pay cs.
  5. #5
    Proserpina is offline Senior Member
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    Quote Originally Posted by tommyrst View Post
    There was no jail time with the sentence, just some fines, restitution, community service and anger classes. Everything was completed 100% and I am in good standing.

    No, the father does not know about the charge. Even if he did he probably wouldn't care. He just doesn't want to have to pay cs.


    Again, speak with an attorney.

    A violent felony is generally considered to be worse than a non-violent felony.
  6. #6
    Isis1 is offline Senior Member
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    what were you criminally charged with?
  7. #7
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by tommyrst View Post
    There was no jail time with the sentence, just some fines, restitution, community service and anger classes. Everything was completed 100% and I am in good standing.

    No, the father does not know about the charge. Even if he did he probably wouldn't care. He just doesn't want to have to pay cs.
    What is the EXACT allegation you were convicted for?
  8. #8
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    Quote Originally Posted by tommyrst View Post
    Minnesota - I have a felony on my record for an assault charge 10 years ago. My wife has 2 kids and the father pays child support but has not been in there life and does not want to be. He is willing to sign his rights away. Will my past felony prevent this from happening?
    Well, from the information provided I would think that you chances are not good.
  9. #9
    LeemonGator is offline Member
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    In Minnesota, as defined by section 245A.02, In the case of a stepparent adoption, a background study must be completed on the stepparent and any children as required under subdivision 3, paragraph (b). In other states, stepparent adoptions are exempt from background checks. In essence, the state puts faith in the custodial parent that they are making the right choice for their kid.

    So the court IS going to look into your criminal past. It will be a matter of whether or not the Court feels your crime should stop you from adopting or not.

    If father objects to your adopting, the road will get more difficult obviously.
    Last edited by LeemonGator; 02-13-2012 at 11:38 AM.

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