step-parent adoption, removal of bio-dad rights

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

I have read so many threads on this site, and I still just dont quite get it.
I have 3 children that are not my husbands . 2 from the same father (10 and 7), and 1 from another(3).
My husband wants to adopt all 3, and this is where things get a little different.
My two older children have not seen their bio-father in a very long time. In fact the ONLY time we hear anything from him, is when he is in prison. He has not made any attempts other than "im lonely and bored in prison letters" to have any contact whatsoever. He knows the phone number, where we live, where they go to school. He just doesnt even try to see them. We had a child support case, (which i forgave all and any arrears in court, so that he would not go back to jail, stupid i know) so we havent had support in place for, about 5 or 6 years. We did have supervised visitation, which he FAILED to comply. We would sit there for an hour, sometimes 2, and he just wouldnt show up. I even moved to the county that he lived in, to make is easier for him, being as that he doesnt drive. Years have gone by. and there is no effort. I have felt obligated to him for our children,but I cant make him be a parent.
my 3 year olds bio-father is in another state, he left PA when my son was 8 weeks old. We had a PFA that expired in September 07. There has been ZERO contact, he is a fugitive, and I know that i wont be able to find him. He calls me occassionally and asks for money. Or for me to send my 3 year old who doesnt even know who he is, on an airplane to colorado, and he would drive to pick him up, but I'm not allowed to know where he is, YEAH RIGHT
So basically, what do i need to do? One is in prison, and one is MIA all together. Both dont want my husband to have any rights. They just want our children to bear the burden of their surname. No more than that.
Can someone help me understand what steps i need to take? oh, and how long i need to be married for my husband to even try to adopt them? we got married in Feb. 08.

I apologize for rambling. I do that.

Thank you in advance
Mrs.WrightWhat is the name of your state (only U.S. law)?

when was the absolute last time each dad has contacted you? doesn't matter why, just state the last contact point.

how long have you been married to your current husband?

About.com: http://members.aol.com/StatutesPA/23.html

if you decide to go forward with this GET AN ATTORNEY.

The first thing you need to do is hire a lawyer well-versed in this kind of law and one who, preferably, has an office close to the courthouse in the town where you file.

Isabella,

the last contact from bio-dad of oldest 2 children was a letter the addressed to me dated :August 17,2008.

last contact from bio-dad of 3 year old was, around December 2006

We were married February 23, 2008

I have intention of a lawyer, once I find out if i should even proceed yet, being as that we havent been married a year yet. And we dont know how difficult this is going to be, I need to prepare myself mentally for the fight ahead of me.

My daughter (10) asked me if she can have her named changed regardless of the outcome, or if she would have to keep her bio-dads surname.

Thanks again,
Mrs.Wright

okay you are out of luck for a while on dad 1- his contact was a cpl of days ago

Has there been any support from dad 2?

When they ask for contact- they mean ANYTHING letter, voicemail, text, email, child support pymt, ANYTHING

normally you are looking at no contact for over a year or more before you can file abandonment. Even then, if dad contests it, there will be a long fight as the judge will give dad 2nd 3rd and 4th chances to do right.

both fathers will have to be served. dad in jail will be easy. You will have to do everything possible to locate dads. Eventually with no luck serving them you can petition the court to allow you to serve by publication, but you have to prove you have tried EVERYTHING else to get him served

Mrs.Wright said:

last contact from bio-dad of 3 year old was, around December 2006

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If you haven't heard from him since dec of 06 how did he ask you to put the 3 yr old on a plane?

Mrs.Wright said:

my 3 year olds bio-father is in another state, he left PA when my son was 8 weeks old. We had a PFA that expired in September 07. There has been ZERO contact, he is a fugitive, and I know that i wont be able to find him. He calls me occassionally and asks for money. Or for me to send my 3 year old who doesnt even know who he is, on an airplane to colorado, and he would drive to pick him up, but I'm not allowed to know where he is, YEAH RIGHT

Click to expand...

he asked me to send my son out there THEN, it just happens to be that he is 3 now. currently, as in when i am writing this post. He was 18 months old when he wanted me to send him "general delivery" to another state.

does he have a court order for visitation?
If not, some judges will not consider it abandonment because he had no rights to abandon. The judge will most likely give him supervised visitation and progress from there, BEFORE terminating. If he does have court ordered visitation and he isn't using it, you will be a step closer.
You will have to do everything possible to find him- email, phone, CSE, family, etc BEFORE a judge will allow you to serve by publication.
All of this is very expensive.