Step parent Adoption in NJ when one parent is deceased?

My children's father passed away a few months ago (my ex husband). My husband now would like to adopt them. Does anyone know if this is an easy thing or would my kids grandparents have to be involved. We do not keep any contact with them and they do not contact us either. His mother has gone as far as try and steal pension checks from the kids and I have filed identity fraud on her for using my name to get a hold of information for the kids. She feels the kids deserve nothing. I would just like to get them and keep them into this stable relationship with my family and my husbands as they live now. I'm scarred she will get involved and just muck up the process just cause she can.

â™¥â™¥Ritaâ™¥â™¥

I am not 100% sure but I believe it would be worth your while to call the SSA and ask about social security benefits for your children IF your husband were to adopt.

In my experience, if a child is deemed eligible PRIOR to receive SSA benefits (death of parent or disability of a parent) then they continue to receive this AFTER the adoption. This must be in place prior to the adoption finalizing. I would call the Social Security Administration before following through with this if this is important.

Confer with an attorney on your other questions. I can understand why you would want to have your husband adopt your children.....

Take care!!

Heather Leigh

No, his parents do not need to be involved. But, I agree with Celtic. Is this really necessary?

Instead of adoption, you can have their last name legally changed. He doesn't need to adopt them to be a daddy to them. And since their dad is deceased, you won't need anyones permission.

Besides loosing a connection to their father, they would also loose any rights to receive Social security. While, you may not need the Social security, you could put it in a college fund for the kids.

ETA: Thank you for the clarification Rita. I assumed that the SSA benefits stopped if an adoption took place.

celtic.piskie

Do you really need to do that?

I can understand why you would want to, I really do.

But when the kids are older, why did you erase their father?

Legally, that is what it is doing.

Legally, their father never was their dad.
He never had any relationship with them.

Because he's deceased, talk to people that have gone through this.

Would you be happy if it happened to you?

They are stable with you, grandparents have no right to see them.

Don't erase their past, don't erase their father completely.

anon

Check with a family law attorney, especially regarding grandparental rights in your state. Most family law attorneys also have stepparent adoption packages or can guide you in the right direction. Since their father is deceased, the requirement for him to surrender his rights is not applicable.

MaryT

It would be hard for them to step in and costly, go ahead and have it done. Once done it will be a "better " protection for your children.

emmas*mommy

i dont know the ins and outs of this to be honest but i would seek lawyers advice on your next steps he /she will keep you right. best of luck to you:)

Mommy to 11 month old Jacob

I doubt the court would pay them any mind or that she'd anything anyway...go ahead and petition for your husband to adopt your kids.

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