My almost 4 year old son's bio father has been in jail as long as my son has been born, he will be in jail until 2017. I have moved on and my current fiancé of 3 years wants to adopt my son. We are planning on getting married in march of 2011. Where do I even start to get this going?

My almost 4 year old son's bio father has been in jail as long as my son has been born, he will be in jail until 2017. He is in jail for drugs, and 2 accounts of a&b on me and my son. He met my son once when he was 3 months old and hit both of us. Never seen him since. I have a restraining order on him, I 've had one for the past 4 years now. Right after my son was born I was not thinking staright and went to the jail and had him sign the because. My son has my last name. I have now moved on and my current fiancé of 3 years wants to adopt my son. We are planning on getting married in march of 2011. Where do we go from here?

You cannot adopt without the consent of the father. If he will be in jail for a lengthy term, it is possible, but I doubt the Court will see 7 years as lengthy. In many States you have to be in a stable marriage (over 1 year) before you can begin the process.

You can always consult with an Attorney to see if the father will give up his rights.

Please stop posting the same question - we're all volunteers and it takes "us" some time to answer all the posts.

Unless the biological father is planning to give up parental rights then no... just because he is in prison doesn't mean that he does not still have rights as a father.. I know that sounds bad but as long as he has parental rights your new husband won't be able to adopt your son

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Originally Posted by lickemlolly

unless the biological father is planning to give up parental rights then no...just because he is in prison doesnt mean that he does not still have rights as a father..i know that sounds bad but as long as he has parental rights your new husband wont be able to adopt ur son

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This is not totally correct, as I explained on the other post. At this time the OP and her fiancé cannot adopt the boy because they are not in a stable marriage (in most States).

And please stop using text speak.

Threads merged and moved to Family Law.

Actually incarceration IS A GROUND for termination of parental rights in all states.
Alabama § 26-18-7
Alaska § 25.23.180(a), (c); § 47.10.011; § 47.10.080 (c) (3), (o); § 47.10.088 (a) – (h)

Arizona § 8-533; §8-846(B)
Arkansas : § 9-27-341(a)-(c)
California Welf. & Inst. Code §§361; 361.5(b), (h), (I); 366.26(c)(1)-
Colorado §19-3-604
Connecticut §§17a-111a; 17a-111b(a); 17a-112(I)-(k)
Delaware tit. 13 §1103
...
New York-Soc. Serv. Law §§384-b; 358-a(3)(b)
Pennsylvania 25 Pa. §§2501(a); 2511(a), (b); 42 Pa. §6302

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Originally Posted by khrisndre5

We are planning on getting married in march of 2011. Where do i even start to get this going??

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Then you have to wait to 2013