If my son is in prison for a sex offence can his ex girl friends husband adopt my son

samdarwen · Mar 15, 2012, 05:00 AM

So if the boy is her son, then yes she can and could do nothing about it... He is in Jail so he needs to finish his time and go to rehab then think about his son... Your son cannot have the child when he is the person he is and I’m not trying to judge unless if he is actually not what you wrote he is... Anyway; you on the other hand; you can file to have the child with you but a strange man cannot simply change his name and all but with marriage he could be a step father

smoothy · Mar 15, 2012, 05:22 AM

No your sons ex-girlfriends husband can't simply adopt your grandson without your sons approval in most cases (more on the few exeptions in the next paragraph).. Not if he is recognised by the court as the childs father. He has visitation but was he ever ordered to pay support as well?

Adoptions occur through the courts...and for one person to adopt anothers child...someone has to have their parental rights terminated...since your son is alive and well...even if he is in jail...a court would have to take away his rights for that to happen...unless he voluntarily agreed to the adoption. The courts do at times take away someones rights against their will, but usually its because they threatened the life or wellbeing of that child. They don't simply do it if one parent decides they want it that way.

Of course after such adoption...visitation rights would end..as well as any child support he might have been paying, along with any other legal parental obligation. Assuming he wasn't in arrears with support at the time, as those arrears would still be owed.

JudyKayTee · Mar 15, 2012, 06:25 AM

Quote:

Originally Posted by samdarwen

So if the boy is her son, then yes she can and could do nothing about it... He is in Jail so he needs to finish his time and go to rehab then think about his son... Your son cannot have the child when he is the person he is and I’m not trying to judge unless if he is actually not what you wrote he is... Anyway; you on the other hand; you can file to have the child with you but a strange man cannot simply change his name and all but with marriage he could be a step father

This is very incorrect advice from a legal standpoint. No, the girlfriend's husband cannot adopt the child without the father's signed permission unless te father is doing life - and even then there are problems.

I saw nothing about rehab in the question.

The grandmother certainly can file to have the child with her - but she's going to lose if the mother is stable.

Again, bad legal advice.

lolaparkin · Jul 23, 2012, 03:24 PM

i think the dad in prison should not have a say on the childs life as he lock up for been a sex offender and i think the new dad should beable to try and make a change to the kids life !!!!!!!!!!!!

JudyKayTee · Jul 23, 2012, 03:28 PM

Quote:

Originally Posted by lolaparkin

i think the dad in prison should not have a say on the childs life as he lock up for been a sex offender and i think the new dad should beable to try and make a change to the kids life !!!!!!!!!!!!

You can put all the exclamation marks in the World at the end of your rant.

It doesn't change the law.

If my son is in prison for a sex offence can his ex girl friends husband adopt my son

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