What is the name of your state (only U.S. law)? Idaho
I have two sons from a previous relationship (ages 4 and 3). Their biological father is not in the picture and hasn't seen them for almost two years. He has never paid child support and doesn't attempt to contact them. My husband wants to adopt my boys. They call him dad and he treats them like they are his sons. We are a family, but we want the boys to share our last name and my husband wants to be their legal father. My question is, even though my ex is not and has not been in the picture for years, do I still have to have his permission for my husband to adopt my sons? I have not yet hired an attorney to begin the adoption process and I don't want to attempt to contact my ex before I know if I even need him to terminate his rights. I have a feeling he might try to play "daddy" if he knows that we want my husband to adopt. I have done some research, but a lot of what I have found is contradictory. I have read that after six months of no contact and no physical, emotional, and financial support that his rights can be terminated by the court. What are his rights at this point? Should I try to contact him and let him know of my plans? Is there any way I can begin the adoption process without a lawyer and then hire one once we want to go to court and make it legal? Thank you for your time!
I have two sons from a previous relationship (ages 4 and 3). Their biological father is not in the picture and hasn't seen them for almost two years. He has never paid child support and doesn't attempt to contact them. My husband wants to adopt my boys. They call him dad and he treats them like they are his sons. We are a family, but we want the boys to share our last name and my husband wants to be their legal father. My question is, even though my ex is not and has not been in the picture for years, do I still have to have his permission for my husband to adopt my sons? I have not yet hired an attorney to begin the adoption process and I don't want to attempt to contact my ex before I know if I even need him to terminate his rights. I have a feeling he might try to play "daddy" if he knows that we want my husband to adopt. I have done some research, but a lot of what I have found is contradictory. I have read that after six months of no contact and no physical, emotional, and financial support that his rights can be terminated by the court. What are his rights at this point? Should I try to contact him and let him know of my plans? Is there any way I can begin the adoption process without a lawyer and then hire one once we want to go to court and make it legal? Thank you for your time!