| Assuming you are married to the childrens other parent, the parent you are married too will have to file a motion to take away the rights of the other parent, and you will have to file a motion to adopt.
The other parent will have to be notified and have a right to object and present evidence as to why they don't want.
In general if they object, the judge will pospon it at least to see if he will keep in contact. If this is connected to your other question and they are in jail, alot will depend on why, how long and still the persons desire to stay the parent |