Q: My husband wants to adopt my son from previous relationship, what is the process if the bio-father still has his rights
My son is 6 years old. My husband has been in his life since he was only 2 months old. My sons biological father has not seen my son in almost 4 years, in those years he had made no effort to contact me also has never paid child support before, and he has just been sentenced to 5 years in prison. My son understands he has a biological father but has no memory of him. My husband is the only Dad that he knows. Would I be able to file for abandonment and void his parental rights so that my husband can legally adopt him. Of course there are other details to this situation but these are just a few of the main bullet points.
A: You will need to involve the biological father one way or another. He can either agree to the adoption or else you will need to go to court to terminate his parental rights.
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