My children's father has not seen them in 7 years. He doesn't pay child support. CAn my new husband adopt them without the fathers consent.

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Originally Posted by grn7827

My children's father has not seen them in 7 years. He doesn't pay child support. CAn my new husband adopt them without the fathers consent.

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"Probably" not. What State?

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Originally Posted by JudyKayTee

"Probably" not. What State?

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Tennessee

Generally ANY adoption requires that the bio parents approve it. The court will require that you show you have made a good faith effort to contact the bio father to get his agreement. Such good faith effort could be publishing an ad in a local paper.

Since I would not recommend doing an adoption without an attorney, I suggest you consult with one. They can tell you exactly what would be required.

There are two main thinks to keep in mind:

1. the bio-father must be notified of the adoption petition; and
2. consent must be either given by the bio-dad, or waived pursuant to the pertinent adoption statute (of Tennessee in this case).

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Originally Posted by AK lawyer

There are two main thinks to keep in mind:

1. the bio-father must be notified of the adoption petition; and
   

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An attempt to notify the bio-dad must be made. That attempt must satisfy the court. But it may not be necessary to actually inform the bio dad.

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Originally Posted by ScottGem

An attempt to notify the bio-dad must be made. That attempt must satisfy the court. But it may not be necessary to actually inform the bio dad.

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Yes. Since OP didn't say the father has disappeared, I'm assuming actual notice is not a problem.

"Tenn. Code Ann. § 36-1-113. Termination of parental rights.

...
(c) Termination of parental or guardianship rights must be based upon:

(1) A finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established; and

(2) That termination of the parent's or guardian's rights is in the best interests of the child.


...
(g) Initiation of termination of parental or guardianship rights may be based upon any of the grounds listed in this subsection (g). The following grounds are cumulative and non-exclusive, so that listing conditions, acts or omissions in one ground does not prevent them from coming within another ground:

(1) Abandonment by the parent or guardian, as defined in § 36-1-102, has occurred;

(2) There has been substantial noncompliance by the parent or guardian with the statement of responsibilities in a permanency plan pursuant to the provisions of title 37, chapter 2, part 4;

..."

"36-1-102. Part definitions.

As used in this part, unless the context otherwise requires:

(1) (A) For purposes of terminating the parental or guardian rights of parent(s) or guardian(s) of a child to that child in order to make that child available for adoption, "abandonment" means that:

(i) For a period of four (4) consecutive months immediately preceding the filing of a proceeding or pleading to terminate the parental rights of the parent(s) or guardian(s) of the child who is the subject of the petition for termination of parental rights or adoption, that the parent(s) or guardian(s) either have willfully failed to visit or have willfully failed to support or have willfully failed to make reasonable payments toward the support of the child;

..."