Assistance Please!

[carmellanikita]

What is the name of your state (only U.S. law)? CALIFORNIA

Okay my daughter is 7 years old and her biological father was incarcerated while I was pregnant and was released when she turned 5. He’s currently been out for two years and got in some trouble this summer and has now been sentenced to 8 years in prison. I’ve been married for 5 years and my husband has been my daughter’s father; he has covered her on his medical and has provided financial and emotional stability for my daughter. During the brief prison break her biological father did not provide anything for my child but was constantly doing from himself. Can somebody tell me can my husband legally adopt her without any issues?

I really hope I posted in the right forum

 

[Proserpina]

What is the name of your state (only U.S. law)? CALIFORNIA

Okay my daughter is 7 years old and her biological father was incarcerated while I was pregnant and was released when she turned 5. He’s currently been out for two years and got in some trouble this summer and has now been sentenced to 8 years in prison. I’ve been married for 5 years and my husband has been my daughter’s father; he has covered her on his medical and has provided financial and emotional stability for my daughter. During the brief prison break her biological father did not provide anything for my child but was constantly doing from himself. Can somebody tell me can my husband legally adopt her without any issues?

I really hope I posted in the right forum

Given the the incarceration, you need to speak with an adoption attorney.

 

[LdiJ]

Given the the incarceration, you need to speak with an adoption attorney.

I agree, consult an adoption attorney. Don't rely of the opinions received on an internet forum.

 

[CSO286]

This could be possible, and I'd even venture so far as to call it probable, but to echo the previous posters--you need and attorney.

A stepparent adoption isn't easy under ideal circumstances--when the absent parent is consenting to the proceedings. You're trying to do it with the absent parent incarcerated--there most likely will be several additional hoops to jump through.

Good luck.

 

[Proserpina]

There's also the nature of the convictions. In CA, a conviction is not in and of itself a reason to TPR unless it falls into certain categories.

Sooooo...what's Dad in for?