Stepfather Wanting to Adopt Kids

I just recently got married and my husband is wanting to adopt my two children from my previous marriage. My ex-husband still has rights to the kids but we are wondering how difficult it would be to have his rights terminated. He has not seen the children in 10 months, has had absolutely no contact with them for that entire time. He also is not paying for the things he was court ordered to pay. He just recently began paying child support after not paying for 7 months and is behind over $3000. I have talked to him about signing over his rights and he refuses. How difficult would this be to do?

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Quoting AME

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I just recently got married and my husband is wanting to adopt my two children from my previous marriage. My ex-husband still has rights to the kids but we are wondering how difficult it would be to have his rights terminated. He has not seen the children in 10 months, has had absolutely no contact with them for that entire time. He also is not paying for the things he was court ordered to pay. He just recently began paying child support after not paying for 7 months and is behind over $3000. I have talked to him about signing over his rights and he refuses. How difficult would this be to do?

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Extremely.....

This is in what state?

Nebraka Father is in Navada

To try to translate that, do you mean that the divorce and custody order are out of Nebraska and that the children live in Nebraska?

divorce order was in nebraska we live in nebraska. being the mother and stepfather. My ex husband lives in Navada right now.

and yes the boys as well live with me and the stepfather in nebraska. I have full custody of the boys

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Quoting AME

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and yes the boys as well live with me and the stepfather in nebraska. I have full custody of the boys

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And you will not be able to do this. You are RECENTLY married you said. You need an established relationship with your husband before even attempting. And if dad is in contact with the children (child support is contact) then you will have a war if he does not consent. Why do you think you should have a right to terminate his parental rights and play musical daddies?

Musical Daddies?? They only no of one father and that is there stepfather they call him daddy they dont evan know whoe my exhusband is. My ex was in town last monday through sunday so he told us ended up finding out he was in town tell yesterday. Anyways he called and said he wanted to come see the boys never showed never called. When i did get ahold of him he said he got busy. These boys dont mean anything to him and i would rather my boys have a good daddy then having to worry about there dead beat real father. Thats why i want my husband to adopt them. We have lived together for over a year and he spends more time with them boys helping them learn and play and just does all the things a father should due and then some he deserves the right and my boys deserve the right to have him as there Father. Yes he may be paying childsupport now but he does not pay all what he is court orderd to and he went 7 months without paying at al took childsupport enforcment to get him to pay. The only reason he will not give up is rights is because he comes from a strict morman family. Why else wouldnt he he pays but does not ever see them so why pay if your not going to be a father.

I don't see that Nevada has any waiting period following marriage:

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Quoting NRS 127.030 Who may petition.

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Any adult person or any two persons married to each other may petition the district court of any county in this state for leave to adopt a child. The petition by a person having a husband or wife shall not be granted unless the husband or wife consents thereto and joins therein.

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Where a father's paternity is legally established, he must either consent to the adoption or have his rights involuntarily terminated. NRS 128.150.

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Quoting NRS 128.105 Grounds for terminating parental rights: Considerations; required findings.

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The primary consideration in any proceeding to terminate parental rights must be whether the best interests of the child will be served by the termination. An order of the court for the termination of parental rights must be made in light of the considerations set forth in this section and NRS 128.106 to 128.109, inclusive, and based on evidence and include a finding that:

1. The best interests of the child would be served by the termination of parental rights; and

2. The conduct of the parent or parents was the basis for a finding made pursuant to subsection 3 of NRS 432B.393 or demonstrated at least one of the following:

(a) Abandonment of the child;

(b) Neglect of the child;

(c) Unfitness of the parent;

(d) Failure of parental adjustment;

(e) Risk of serious physical, mental or emotional injury to the child if he were returned to, or remains in, the home of his parent or parents;

(f) Only token efforts by the parent or parents:

(1) To support or communicate with the child;

(2) To prevent neglect of the child;

(3) To avoid being an unfit parent; or

(4) To eliminate the risk of serious physical, mental or emotional injury to the child; or

(g) With respect to termination of the parental rights of one parent, the abandonment by that parent.

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The statute doesn't detail what type of conduct would constitute abandonment; in most states the conduct you describe would not. I suggest consulting a Nevada family lawyer who handles adoption cases to try to determine how your situation would be regarded by a court under the governing statute and case law.