My son's father is in prison for aggravated assault with a deadly weapon against us. I want to know how to terminate his rights so that my husband can adopt him. He has already had his rights terminated to his oldest son and there are two other boys he doesn't take care of, all by different women. He's beaten me numerous times while I was holding my son in my arms.

Since your new husband is willing to adopt you ask your ex if he is willing to terminate his rights and let him know you won't be going after him for future child support once this would be completed

You will need to hire an attorney to help you with this.

You have to get an attorney and the attorney will serve him papers he has a period to answer. Then you will be asked if he has ever sent the child letters while in prison or ever given you child support and if your answer is no they will send someone from social services to see how you live and to talk to your children and see how everyone gets along and you will have to get a criminal background check for your husband. If all checks out well they will let your husband adopt but... they will also remind your husband that if you and he divorce he is responsible for the child. My husband just adopted 2 of my daughters and they had different fathers and they were both in prison so I think he can do it and Good luck cause that's the best thing I could have done for my children

Long term prison sentence is one reason to terminate rights in "some" states, but not all. Unless the father will merely sign over the rights it will be a harder court fight, so you will need an attorney for this one

There are generally two reasons a court will terminate rights; to clear the way for an adoption or if the parent represents a danger to the child. You qualify under both. But, as noted, you really need an attorney to make sure the paperwork is prepared properly.

Quote:

---

Originally Posted by aunt1976

You have to get an attorney and the attorney will serve him papers he has a period of time to answer. Then you will be asked if he has ever sent the child letters while in prison or ever given you child support and if your answer is no they will send someone from social services to see how you live and to talk to your children and see how everyone gets along and you will have to get a criminal background check for your husband.

---

This process may be the norm where you are, but its necessarily universal. You have to remember that when answering questions like this.

In most states, just presenting (Properly) the evidence of incarceration and history of violence along with the adoption petition will probably be sufficient.