I have sole custody of my child (the biological father hasn't signed over his rights and hes in prision), can my fiance adopt my child?

Question

I have sole custody of my child (the biological father hasn't signed over his rights and hes in prision), can my fiance adopt my child?

Answer

Possibly. You would have to wait until you are married and then your husband could file a contested adoption petition. You have to be able to prove by clear and convincing evidence certain criteria that relate to the biological father and his relationship with the child, ie, such as he has abandoned the child, he is unable to care for the child, etc. I recommend you consult with an attorney who handles contested adoptions as the criteria are very specific and an attorney with more knowledge of the facts can tell you if the facts would be favorable for a contested adoption.