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

    Jan 8, 2015, 11:56 AM
    My kids father's haven't been in their lives their whole life
    My kids father's haven't been in their lives their whole life. My daughter is 8 yrs old and my son is 5 years old. They are court ordered to pay child support which they do not pay. Can I get their father's for abandonment or have their rights terminated? I want my husband, who has been taking care of the for the past 5 years, to eventually adopt them?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jan 8, 2015, 12:22 PM
    Your husband may be able to adopt them. Termination of the natural fathers' parental rights would be a necessary step. You and your husband should an attorney about doing that.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jan 8, 2015, 01:31 PM
    You are putting the cart before the horse. No you can't get them for abandonment. No you can't have their rights terminated out of hand.

    What you should do is have your husband go to court to adopt. As part of the adoption you will need to get the father's agreement to allow the adoption. Or at least make sure they are aware of it. If they refuse to sign, it is probable the adoption will go through anyway if they have never been a part of the children's lives.

    But the only way you will get this done is to START with the adoption. A court is not likely to terminate rights unless it is to clear the way for an adoption. Once the adoption is granted, then they will have no legal right or responsibilities to the children. They will, however, still owe any child support arrears that exist prior to the adoption. Whether you pursue that or not is up to you.

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