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don8 · Jun 12, 2007, 02:55 PM

My husband and I have been married for almost three years and he wants to adopt my son(6). The bio father is in prison and has not seen my son since he was two months old and that was only once through jail glass. Can I prove him unfit based on being in and out of prison? How hard do you think it would be. Thank you so much for taking the time to answer my question.

Fr_Chuck · Jun 12, 2007, 07:10 PM

Normally he wll need to sign his rights away, if he wants to fight it, you can try. But if he will agree, then there is no problem

ladybree26 · Jun 15, 2007, 05:10 PM

Well the same thing happened to me. I had to file a petition for full parental custody and they gave him a chance to defend himself. Trust me my son's father is unfit, but the courts goal is to preserve the family. So if he tries to fight you on it they will give him a chance and brings more hell and headache than anything else. So think your son's father and if u think he will be willing to just give up. If you don't think that he will just get prepared to fight and be in it for the long haul. Sometimes deadbeats feel they have something to prove.

don8 · Jun 16, 2007, 10:14 AM

Thank you for your answers and I think that you are right ladybree26. He got out of prison once and went straight to my mom's house not to ask about our son but to ask about me. You would think that this would say something about him to all who looked in at my situation but unfortunately, I think it wouldn't make any difference. After we split up I found out a lot of things I didn't want to about him. Such as he is a satinist and bi-sexual and he treatened to rape his own brother. But all of these things are heresay and I can't prove them so... Right now I have full custody and he never stays out of jail/prison long enough to contest it but if he ever does my husband and I are prepared to fight him for my son.

ladybree26 · Jun 18, 2007, 01:06 PM

Good luck, and hopefully the courts will see how unstable your child's father is. With my sons father before I withdrew my petition, they saw how he couldn't control his anger and he admitted to being mentally unstable and was asking for help. I only withdrew because it was causing so much stress in my life. That was two years ago and I haven't heard from him since. So I will be praying for you to have the outcome you want in the end.

don8 · Jun 18, 2007, 01:09 PM

Thank you so much, I hope your situation works out as well. My son loves my husband so much and he has never known my ex so... I will be praying as well

kellyxmx · Jun 25, 2007, 02:13 AM

Originally Posted by don8

My husband and I have been married for almost three years and he wants to adopt my son(6). The bio father is in prison and has not seen my son since he was two months old and that was only once through jail glass. Can I prove him unfit based on being in and out of prison? How hard do you think it would be. Thank you so much for taking the time to answer my question.

Hi I am 16 and I'm in care myself so I know how most thingswork.:)
If your sons dad is in jail then that may help your case. But if his real dad still has the right to say whether your son can have an operation or something like that then your husbad may not be to adopt your son. But if your sons dad doesn't have any say in what happens to his son then you have more of a chance that your husband can adopt him I hope this has helped you a bit love ashleigh :)(Y)

s_cianci · Jun 30, 2007, 04:05 PM

I'm not a legal expert, but unfortunately I don't think a judge would declare him "unfit" just because of his being in and out of prison. He may indeed be an unfit father but getting a judge to admit that is a whole other ballgame. I'm not even sure the judge would permit him to sign a consent form for an adoption since the father is currently incarcerated. The judge may well require you to wait until he's released plus an additional waiting period on top of that. Talk to a family law attorney for firsthand information but I think you're fighting a very tough uphill battle.

don8 · Jun 30, 2007, 04:13 PM

Originally Posted by don8

thank you for your answers and I think that you are right ladybree26. He got out of prison once and went straight to my mom's house not to ask about our son but to ask about me. You would think that this would say something about him to all who looked in at my situation but unfortunately, I think it wouldn't make any difference. After we split up I found out a lot of things I didn't want to about him. Such as he is a satinist and bi-sexual and he treatened to rape his own brother. But all of these things are heresay and I can't prove them so.... Right now I have full custody and he never stays out of jail/prison long enough to contest it but if he ever does my husband and I are prepared to fight him for my son.

But you see there is so much more to this story so I don't know yet what we will do but thank you for your answers I hope and pray this will work out but I know we are in for a battle when we start. I also know that we will be prepared and fight as hard as we can. One of his charges was breaking and entering in an attempt to assult a minor so maybe that will help our case also. What do you think?

crazyterri · Sep 23, 2007, 06:01 AM

Originally Posted by don8

My husband and I have been married for almost three years and he wants to adopt my son(6). The bio father is in prison and has not seen my son since he was two months old and that was only once through jail glass. Can I prove him unfit based on being in and out of prison? How hard do you think it would be. Thank you so much for taking the time to answer my question.

If you can get him to sign in front of notary that he gives up right he can adopt him easy with paper filed at court house and the fee is around $200 and that's it

FeelSoNumbZombie · Sep 30, 2007, 04:10 AM

Don,
You need to start with the father in prison and see what his wishes are. He may not want the responsibility, financially and or emotionally at this time. He is the father. You will need to speak with him, first. Get a clear picture of what he wants first.