Legal Question in Family Law in Massachusetts

As long as your ex has some involvment with the children, it is unlikely that your new husband will be able to adopt the children. However, you can ask your ex. If your ex agrees, then your new husband can adopt.

You will need permission of your ex or a Judge to move the children out of state. There are a lot of factors to look at. What state? Are you working now? What will you have for employment if you don't move.

You should consult a lawyer who can discuss the specifics of your case and give you legal advice.

Thank you for your question and congratulations on your engagement.

Our firm represents clients in custody, paternity, as well as adoption and reproductive law matters, and would be happy to work with you.

You and your new husband may petition the court for the co-parent (or step-parent) adoption of your minor child, but you would either need to obtain (1) the biological father's consent, or (2) have a trial to determine whether the rights of the biological child should be terminated. The fact that you have already had a trial to determine some of these matters, and the fact that the biological father continues to have some visitation, makes it seem somewhat unlikely that his rights would be permanantly terminated. That being said, I would need to evaluate the facts of your case before giving you any actual advice.

You might entice the biological father with the fact that his child support obligations, if any, would be terminated upon finalization of the adoption, and it may be possible for him to continue with visitation even after the adoption, if you are willing.

Best of luck and feel free to contact our office with any questions.