I am recently married and I have a three year old from a previous relationship. My child's father is incarcerated. My husband wants to legally adopt my daughter. I have full legal and physical custody. Also, she has my maiden name. how do I go about doing this and how likely is it that I can get this done?
1 Answer from Attorneys
You and your husband can file a petition for a stepparent adoption. The child's father must be given notice of the proceeding, and given the opportunity to consent or deny consent. If he consents, there is no bar to the adoption, and he is released from any child support obligations. Even if he does not consent, if the Court finds that he has withheld his consent contrary to the best interests of the child, the court can still approve the adoption and change the name of the child.