Ok my husband has 3 kids 10 8 and 7 but they are "my" kids too...I have been mom to them since before they can remember and we have never really spoke otherwise...the biological mom has been gone since my 7 yr old was 4 month old my husband hasfull leagal custody of them...she doesnt pay child support and she is not allowed to see them unless my husband says she can but she hasnt contacted us in years, I googled her name and found out she has a trial date Sept. 15th for a felony drug charge and odds are she will be serving 5-10 yrs she has a bad record and has been in trouble more then a few times...Anyway my question is that we have ran into certain issues that by law the "biological mother" has to sign for instance a passport both parents must be present for a child to recieve a passport, even though my husband and I have raised these kids there are still things we can not do with out her and its very upsetting and I want to know what I have to do to be the one thats allowed to sign for certain things like a passport? Or for intance my husband dies then what am I supposed to do, If something were to happen to my husband I want my kids to be able to still be with me as that would be there choice as well....
Ok I was able to get ahold of the mother yesterday (that was interesting) Anyway I know she would never give up her rights after speaking with her yesterday...I looked up the abandonment laws for the state of CA because thats where their divorce took place.. and its concidered abandonment after only a year! so thats a good thing :) Now we just need to find the money to pay the lawyers to begin this whole process grr Thanks for ALL your help!!!!!!!!!!
She might agree to terminate her parental rights, then you can adopt them. Talk to an attorney about it.
I'm not sure how it works in your state, but in our state, the biological mother would have to sign away all legal rights and you would have to adopt the children. Please contact a reputable attorney that deals with these issues in your state.
Talk to your lawyer about abandonment laws and how long the mother has to be out of the picture before she is considered to have "abandoned" her children. Once that has happened, you may be eligible to adopt the children, but first their biological mother has to be considered to have given up her rights as a parent (unless you believe she would willingly give them up, in which case she can sign her rights away). Laws about this differ from state-to-state. Good luck.
I think your husband can petition for full custody, and then you could adopt them legally. Essentially the court will either determine that the biological mother is unfit (likely) or they will ask her to voluntarily sign over her rights. I would talk to a family lawyer and get started.
You bring in the court paperwork with you that shows that dad has full legal and physical custody.
In his will you should be named as the "In event of my death the kids go to _____", which would make you their full legal guardian. Furthermore, you should talk with your attorney about having something like an "excluded spouse" amendment put in so that bio-mom doesn't receive them and that would make it more difficult for her to petition for them.
Terminating parental rights *can* be a sticky process, but that's what you would need to do in order to adopt them.
Your questions are great ones to ask a lawyer! I imagine (but don't know) that such laws might vary with the state, so you need to go to someone who is an expert at this sort of legal situation in your state. Ask around for recommendations for a reputable lawyer whom you find comfortable to talk to - and pick his or her brains! Write down in advance every question or thought you have on the matter, regardless of how silly you think it might be. Lawyers cost money, but I think in a case like this you're going to find the expense worthwhile.
Full custody doesn't necessarily equal the right to adopt. Definitely ask an attorney about the particulars in your state. The mother may have to give up her rights and/or there may be legal notification things you may be required to do prior to any of these things happening. A great attorney can unravel all of these things for you.
I would try to adopt them leraglly if I were you. If you can find her and she will sign her rights over or the court can determine (especially if she is basically a stranger to them).
actually, from my understandings, as long as he has his full custody paper's you guys shouldn't have a problem getting passports because he is the full legal guardian, there is no "joint" guardianship legally. Maybe talk to your husband about putting it in his will that you will have guardianship or custody if God forbid something does happen to him.
i looked up passport papers so my husband and i could go on a cruise, and from what i saw on the paper's he would have to show his full legal rights to them and not a problem...check into it hun.
What about you adopting the kids? Good luck. Those kids are lucky to have you. :-)
I agree with the others.
Adopt her? Will the bio mom allow that?
If he has full costody which you stated then it shouldn't be an issue. Does he not have full custody?
