Asked in Adoption and Family Law for Arkansas

Q: How hard is it to do a step parent adoption without bio fathers permission

I had two children with my ex husband who draws ssi and is not required to pay child support bc of ssi. Our youngest was born in April 2012 and in May 2012 we separated when he left for work and never came back and I moved from Tulsa back to Arkansas. In october 2012 the divorce was final and he was granted standard visitation. But we never heard from him after that. In 2013 I met my now fiancé and he has raised Both kids as his own. My ex husband has had zero contact with either of our kids from 2012 to 2016. He messaged me in 2017 asking about them on Facebook and I never replied and I have not heard from him again... But there’s been zero contact. How much trouble would it be to get my fiancé to adopt? Without the fathers consent? My kids think of my fiancé as their dad and I don’t know how to do this without causing confusion and stirring up problems. I feel like he would fight it just to cause problems... And then again, he may not care at all.. I just don’t know.

Related Topics:
1 Lawyer Answer
Stewart Whaley
PREMIUM
Stewart Whaley
Answered
  • North Little Rock, AR
  • Licensed in Arkansas

A: Bio dad must receive notice, at least, and it would be best to gain consent and a waiver. Since he has not had contact in so long, it is possible a judge would find it is in the children's' best interest to be adopted by stepfather, even if dad doesn't consent.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.