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    armywife1231201's Avatar
    armywife1231201 Posts: 1, Reputation: 1
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    #1

    Dec 16, 2012, 06:34 PM
    How can my husband adopt my kids
    My husband and I have started talking about him adopting my two sons. Their dads haven't tried to have any communication with them since birth. My oldest is 6 then my little one is 4. None of their names are on the birth certificate nor did they sign it. My boys were born in California but we currently reside in Kansas due to my husbands military orders. Would I still need their consents in order for my husband to adopt them? And where should I try and file? CA or KS? Any information would help greatly.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 16, 2012, 06:46 PM
    The father(s) must give permission/consent for the adoption(s). Whether they've been in contact with the chldren or supported them is immaterial. If the fathers cannot be located "easily" they can be served by Court-ordered publication. The adoption would take place in the State of residency of you and the children.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 16, 2012, 07:02 PM
    I would recommend you get an attorney. The attorney can tell you exactly what you need to do.

    By not putting the fathers on the birth certificates you may have made this harder. As Judy said, generally the courts will require the father be identified and contacted for their assent. With no father listed they may require paternity tests to confirm the father. All the more reason to have an attorney make sure everything is done right.

    If you have established residence in KS then file there.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Dec 17, 2012, 12:05 PM
    Quote Originally Posted by armywife1231201;
    we currently reside in Kansas due to my husbands military orders ... CA or KS? ...
    Quote Originally Posted by ScottGem
    ... If you have established residence in KS then file there. ...
    The fact that they are posted to Kansas doesn't ipso facto make them Kansas residents. As a matter of fact, often times military families are specifically exempted from being residents in the state where military orders take them. I suggest that you discuss the best place to file with an attorney, but be aware that a Kansas attorney will tend to recommend Kansas because (chances are) he or she isn't also licensed to practice in California.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Dec 17, 2012, 01:00 PM
    Quote Originally Posted by AK lawyer View Post
    The fact that they are posted to Kansas doesn't ipso facto make them Kansas residents. As a matter of fact, often times military familes are specifically exempted from being residents in the state where military orders take them. I suggest that you discuss the best place to file with an attorney, but be aware that a Kansas attorney will tend to recommend Kansas because (chances are) he or she isn't also licensed to practice in California.
    That's why I said IF they have established residence. Military personnel are often assigned home bases which is where their legal residence is. And it may be different from where they are currently stationed. Also the OP didn't mention how long they have been in KS.
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