Ihave got 3 kids, my oldest 2 is to my ex who is in jail and will be there for the next 17 years. I have been married for just past 2 years now and would like my husband to adopt my 2 oldest. They think my hubby is there dad and don't know any different so would he be able to adopt them without my ex's concent?

NO.It does not matter where he is ,he still has parental rights.

Maybe. You do need to try to obtain his concent first and doing so will make things easier. But the fact that he is in jail could allow you to terminate his rights involuntarily.

Since you will need to get a lawyer to prepare the adoption petition, then the lawyer will deal with this issue for you.

Comments on this post
artlady agrees: I looked it up and my impression was that it is not considered abondoment if the person is incarcerated as long as the child has a primary caregiver.I could be wrong,o.k. no more legal answers from me.I promise!

It wouldn't be abandonment. But there could be other grounds to force termination.