If you didn't like VeronicaLodge's answer... you're going to HATE mine. I guarantee you.
What is the name of your state? CALIFORNIA
I have two children ages 3 and 1.
ok
Their bio father is illegal here,
irrelevant, half the population is illegal in California now. Besides, it didn't matter that he was illegal when you were screwing him. By the way... he's not their bio-father,
he's their father!!! Get THAT through your head.
has not worked in two years and when he did work it was under false ids.
and when you were helping spend the money from these illegal jobs... you didn't care
He is a drug user and alcoholic
I suppose he became a drug abuser and an alcoholic overnight right after you gave birth to both his children... right?
and has only seen my 1 year old under a total of 5 hours.
Completely his right.. visitation is not an obligation
He has not made an attempt to see my children or pay any child support (he was served).
He was served, but was he
ordered? Big difference.
Through his sister I asked him to give up his parental rights since he seems content with having no responsibility.
Give them up to who? You have no husband.
He said he would but he wants guarantees from my fiance and I before he signs over his rights.
Like?
Also, the bio dad signed a VDP and is on my 3 yr. olds birth certificate, he did not sign one for my 1 yr old and is not on the birth certificate.
He doesn't have to. Perhaps he's unsure of the parentage of said child.
My fiance and children have a strong bond and he wants to adopt both children.
Everyone is a fiance these days. Women have this strange way of trying to elevate their own status. I bet you were this other guys fiance too... see how that worked out?
Bio dad is a very bad influence and is surrounded with drugs, weapons and people with who are mentally unstable.
And yet, you had 2 children with a person you say has a history (meaning it already existed) of this...
Here are my questions:
Can bio dad have us fulfill his guarantees when giving up parental rights?
Depends... what guarantees are you referring to. Your post was a little vague as to what you are talking about. Remember.. he is DAD.
Can bio dad even give up his parental rights that easy by just filing forms out in court? (if he actually went)
Nope... so tell your boyfriend to cool his jets.
Should my fiance and I get married first, move out together and then pursue custody and adoption?
Courts don't let people who don't make a committment to each other make a committment to random children just because.... you already have a shaky history with men as it is. You have a 1 year old and you're already ready to hitch up with another man???
Can my fiance become the legal father of my one year old since there is no VDP?
You mean via a back door adoption? Does your boyfriend realize that once you're done with him (or he's done with you) then he will then be on the hook for the child support you're already complaining man #1 doesn't pay?
Can my fiance adopt my 3 year old when there is a VDP?
If the child's
father consents... and you actually can prove you have a stable household, family and oh.. let's not forget
a husband... not just a boyfriend with delusions of grandure.
Any time