Can My Fiance Adopt My Children?

I’m currently married but my husband and I have been separated for 7 years and still no divorce. I’m engaged to a guy that I’ve been with for 4 years. I have twin boys which they don’t belong to my ex-husband they belong to another man. I did not put him on the twin’s birth certificate because he’s abusive and he hasn’t seen the twins since they were 5-months-old. They are gonna be 4-years-old in March. Their biological father hasn’t seen, spoken or done anything for them. My fiance stepped up and he’s been there since day one. I’m wanting to know how do I go about doing the adoption process for my fiance to adopt our twin boys. He’s their daddy and always will be but I’ve never done this before so I don’t even know where to start to get the process going. I am trying to get a divorce but my ex is always incarcerated in jail or prison so I have no idea how to even get in touch with him. Please help me, thank you.

You mentioned that your twin’s father is not your ex-husband. If you did not list him on the birth certificate, depending on your state law, the adoption process will be easier. Your state law may require you to provide him with some type of notice of the adoption proceeding. You will need to contact a local attorney to find out what your legal obligations will be once a petition is filed. There may also be concerns regarding your exisiting marriage and paternal rights. Obtain legal advice before you make any decisions.