2006-10-06 23:43:52 · 3 answers · asked by sy 1 in Politics & Government ➔ Law & Ethics
If the parental rights of the other parent have been terminated by law, the courts usually only give about a 1 year period for that parent to appeal. If she/he failed to appeal by now, I doubt if the courts would allow her to come into their lives and cause disruption, especially is she hasn't seen them for 4 years.
If the father's rights were terminated by law, legally the boys don't have a father, and you should be able to adopt them.
You most likely won't be able to adopt the boys until you and your fiance have been married for over 1 year. This will show the court that you have an established marriage and that you have all had time to ensure that this is the best decision.
Good luck with your family! And congratulations on your pending fatherhood!
2006-10-07 02:15:25 · answer #1 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
Your question is impossible to answer and the person needs to consult a local attorney. Laws vary by jurisdiction and your question isn't even entirely clear as to what was "termed 4yrs ago". Can he still appeal? Perhaps, but there are too many factors to consider to allow a meaningful response in this forum.
2006-10-07 07:49:23 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Perhaps, depending on circumstances and local law. For example, if he was in prison he might not have been able to defrend. Or he might have been rehabilitated.
If the child has not been adopted by your new spouse if any, then he can always petition.
The criterion for decision, as always, is the best interests of the child. So-called, as the judge seen them.
If the appeal is purely on a matter of alleged legal error then it's probably out of time though.
2006-10-07 06:54:43 · answer #3 · answered by Anonymous · 2⤊ 0⤋