Step Parent Adoption

[Katelyn2009]

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

I have three children, 2 of whom are from a previous relationship. I was never married to their biological father. Their ages are 5 years old (son), and 2 and a half years old (daughter).
For my son, there was an order back in 2005 granting his biological father 10% parenting time. For my daughter, no such order exists. He has also never shown up, nor signed, any court related matters. (paternity establishment, parenting time, etc.)
The biological father has not seen my son in 15+ months, and has not seen my daughter in 27+ months. He has not contacted me or the children in the past 15+ months. He does not acknowledge our daughter whatsoever.
Since we were never married, I believe I have sole physical and legal custody of both of them.
Here's my problem: I just got married to the father of my youngest (10 months old.) We have discussed and researched as much as possible on step parent adoptions. It's my understanding that the biological-non-custodial parent has to consent to the step parent adoption. As much as the biological father of my two oldest has not been in their lives, I know for sure he would not sign a consent to have my husband adopt. Let alone, even read the consent form. The biological father is legally blind (holds everything an inch from his face to read), he is currently 23 years old, but psychological evaluations state he has the mentality of a 15 year old. (reason why we're not together). He has not had a consistent job or stable housing, and is listed as "homeless" at the county building. He has not paid one cent for child support.
My husband, who is 22, has his own business, we obviously live together, he's going to college, but he has a felony record. This ranges from drive-by shooting w/a pellet gun to check forgery. He has 5 total felonies, and 4 misdemeanors on his ADULT record. (Do juvenile records count for this proceeding?)
I don't know what my first step is, but here are my questions:
1. Given the situation, does the biological father still have to consent?
2. If he doesn't have to consent, what is the next step?
3. What if he won't consent?
4. What are the chances of my husband being able to adopt?

[stealth2]

Originally Posted by Katelyn2009

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

I have three children, 2 of whom are from a previous relationship. I was never married to their biological father. Their ages are 5 years old (son), and 2 and a half years old (daughter).
For my son, there was an order back in 2005 granting his biological father 10% parenting time. For my daughter, no such order exists. He has also never shown up, nor signed, any court related matters. (paternity establishment, parenting time, etc.)
The biological father has not seen my son in 15+ months, and has not seen my daughter in 27+ months. He has not contacted me or the children in the past 15+ months. He does not acknowledge our daughter whatsoever.
Since we were never married, I believe I have sole physical and legal custody of both of them.
Here's my problem: I just got married to the father of my youngest (10 months old.) We have discussed and researched as much as possible on step parent adoptions. It's my understanding that the biological-non-custodial parent has to consent to the step parent adoption. As much as the biological father of my two oldest has not been in their lives, I know for sure he would not sign a consent to have my husband adopt. Let alone, even read the consent form. The biological father is legally blind (holds everything an inch from his face to read), he is currently 23 years old, but psychological evaluations state he has the mentality of a 15 year old. (reason why we're not together). He has not had a consistent job or stable housing, and is listed as "homeless" at the county building. He has not paid one cent for child support.
My husband, who is 22, has his own business, we obviously live together, he's going to college, but he has a felony record. This ranges from drive-by shooting w/a pellet gun to check forgery. He has 5 total felonies, and 4 misdemeanors on his ADULT record. (Do juvenile records count for this proceeding?)
I don't know what my first step is, but here are my questions:
1. Given the situation, does the biological father still have to consent?
2. If he doesn't have to consent, what is the next step?
3. What if he won't consent?
4. What are the chances of my husband being able to adopt?

Okay, to cut it to brass tacks, let's see if I understand this right....

DAD is blind and not too bright, neither of which precluded at least a couple of rolls in the hay and two kids. Hubby is a criminal. And you think WHICH of these two guys is unfit?

Don't count on Dad consenting, or the court allowing your stellar husband to adopt.

[LdiJ]

Originally Posted by stealth2

Okay, to cut it to brass tacks, let's see if I understand this right....

DAD is blind and not too bright, neither of which precluded at least a couple of rolls in the hay and two kids. Hubby is a criminal. And you think WHICH of these two guys is unfit?

Don't count on Dad consenting, or the court allowing your stellar husband to adopt.

Since dad has not paid child support nor contacted the children in 15 months, its possible that dad's parental rights could be involuntarily terminated under abandonment laws....HOWEVER...

There is no chance that a court would allow someone with a felony record to adopt a child. It just won't happen.

[Katelyn2009]

Originally Posted by LdiJ

Since dad has not paid child support nor contacted the children in 15 months, its possible that dad's parental rights could be involuntarily terminated under abandonment laws....HOWEVER...

There is no chance that a court would allow someone with a felony record to adopt a child. It just won't happen.

I don't know why I hit "quote" because this is actually directed to both of you. YES there is a chance that a judge WILL ALLOW someone with a criminal record to do a STEP PARENT adoption. MN state laws state they cannot have any crimes against children. 2nd, my husband committed these crimes BEFORE I met him, not during. He went to prison, did VOLUNTARY treatment for all his felonies and now makes over 4 grand a month. He goes to parenting classes with me, unlike bio-dad.

I regret posting in here..I thought this was advice from an attorney, which I already got. Just because someone has a felony on their record, does NOT, in my eyes, classify them as a bad person/parent for the rest of their lives. Forget you all, that's BS.

[IsabellaSoriano]

Originally Posted by Katelyn2009

I don't know why I hit "quote" because this is actually directed to both of you. YES there is a chance that a judge WILL ALLOW someone with a criminal record to do a STEP PARENT adoption. MN state laws state they cannot have any crimes against children. 2nd, my husband committed these crimes BEFORE I met him, not during. He went to prison, did VOLUNTARY treatment for all his felonies and now makes over 4 grand a month. He goes to parenting classes with me, unlike bio-dad.

I regret posting in here..I thought this was advice from an attorney, which I already got. Just because someone has a felony on their record, does NOT, in my eyes, classify them as a bad person/parent for the rest of their lives. Forget you all, that's BS.

FYI, it's will matter to the court. based upon laws of the state whether the felony matters. not your eyes. the judge's. that's the one that has the authority to sign the order for adoption.