step parent adoption

[hatonhead]

What is the name of your state (only U.S. law)? utah
the week before christmas we payed an attorney 1,000.00 do do the adoption for my children to my husband.... my ex-husband is in the utah state pen... because he raped my children... i've lost my job so i have no more money and my ex is playing games and it seems as if the attorney is working for my ex not my husband or for my children.... my children want nothing to do with my ex and they want my husband to addopt them what can i do and where can i go.... my ex won't sign the forms, but he has wrote on letter to me and one to the attonery that he will give up his rights, on the end of the letter to the attonery he put down that he wants to have contact with the kids when there adults.... and the judge told the attoney that we can't accecpt that because they will be adults.... we really want this done so my children can move on with there lifes with out him.... his first parole hearing was done last aug and he won't get another hearing until 2017 after there adults but the kids want to be addopted.... help please

 

[Proserpina]

What is the name of your state (only U.S. law)? utah
the week before christmas we payed an attorney 1,000.00 do do the adoption for my children to my husband.... my ex-husband is in the utah state pen... because he raped my children... i've lost my job so i have no more money and my ex is playing games and it seems as if the attorney is working for my ex not my husband or for my children.... my children want nothing to do with my ex and they want my husband to addopt them what can i do and where can i go.... my ex won't sign the forms, but he has wrote on letter to me and one to the attonery that he will give up his rights, on the end of the letter to the attonery he put down that he wants to have contact with the kids when there adults.... and the judge told the attoney that we can't accecpt that because they will be adults.... we really want this done so my children can move on with there lifes with out him.... his first parole hearing was done last aug and he won't get another hearing until 2017 after there adults but the kids want to be addopted.... help please

Your husband raped your children? And his rights weren't terminated?!

 

[ecmst12]

What was the outcome of the CPS case?

 

[Seanscott]

It would be easier if your ex signed the forms, but it isn't necessary.
Has your lawyer filed a petition to adopt? If not, have him file and your ex can fight it from prison if he wants.
Once the adoption is final your ex has no say in anything that goes on in your children's lives and he cannot demand to see them as adults. He will have no more rights to the children than I do.
Good luck to you.

 

[Just Blue]

What is the name of your state (only U.S. law)? utah
the week before christmas we payed an attorney 1,000.00 do do the adoption for my children to my husband.... my ex-husband is in the utah state pen... because he raped my children... i've lost my job so i have no more money and my ex is playing games and it seems as if the attorney is working for my ex not my husband or for my children.... my children want nothing to do with my ex and they want my husband to addopt them what can i do and where can i go.... my ex won't sign the forms, but he has wrote on letter to me and one to the attonery that he will give up his rights, on the end of the letter to the attonery he put down that he wants to have contact with the kids when there adults.... and the judge told the attoney that we can't accecpt that because they will be adults.... we really want this done so my children can move on with there lifes with out him.... his first parole hearing was done last aug and he won't get another hearing until 2017 after there adults but the kids want to be addopted.... help please

Why was the fathers parental rights NOT terminated as part of the criminal conviction?

 

[CourtClerk]

Why was the fathers parental rights NOT terminated as part of the criminal conviction?

Doesn't quite happen that way, generally.

 

[hatonhead]

i'm not sure

i'm not sure what your asking of what was the out come of cps, Is that child protetive services? all i was told was if he got out of prision before the children were of age and i let him in my home that i could go to prision for child endagerment....

 

[hatonhead]

termanated fathers rights

i don't know why his rights were not terminated at his hearing when he was sentenced to prison

 

[LdiJ]

i don't know why his rights were not terminated at his hearing when he was sentenced to prison

I would suggest perhaps, a slightly different approach.

Separate from the adoption case, and without an attorney, I would try filing a motion to terminate his parental rights based on the fact that he is in prison for raping the children. Provide all of the necessary evidence to the court of his conviction and the fact that he will not be released until 2017 and the children will be adults by then.

If you can make the termination of his parental rights happen, without having to use an attorney, then your attorney can proceed with the adoption. Your attorney of course could do the same, but that would add considerable additional legal fees.

 

[Proserpina]

I would suggest perhaps, a slightly different approach.

Separate from the adoption case, and without an attorney, I would try filing a motion to terminate his parental rights based on the fact that he is in prison for raping the children. Provide all of the necessary evidence to the court of his conviction and the fact that he will not be released until 2017 and the children will be adults by then.

If you can make the termination of his parental rights happen, without having to use an attorney, then your attorney can proceed with the adoption. Your attorney of course could do the same, but that would add considerable additional legal fees.

OP, I think this is excellent advice!