[uabelle]

Hi,

I am brand new here, your help is appreciated. I am widowed since 1998, remarried since 2002. My new husband wants to adopt my children, 8 and 9. He is divorced since 1998 with two children, 10 and 12, to support from a previous marriage and he has joint custody.

Are there any aspects to consider that would affect his obligation to his birth children? Would his adoption of my children be considered a "material change of circumstance" regarding his child support to his bio children since he would have a "legal" obligation to my children? Would my children be entitled to his estate upon his death? Would I be entitled to child support in the event of a divorce?

I have a lot to consider and want to be as informed as possible before I speak with an attorney. I want to do the right thing for my children and ensure their future is protected. Any state specific links to laws about these issues in AL would be appreciated.

Thanks,

[DianeS]

Are there any aspects to consider that would affect his obligation to his birth children?
- I doubt any adoption or even a birth would affect his obligation to his birth children. They are entitled to what they're entitled to regardless of his choice to add additional dependants.

Would his adoption of my children be considered a "material change of circumstance" regarding his child support to his bio children since he would have a "legal" obligation to my children?
- It may be found a "material change of circumstance", but I doubt it would affect his child support payments, ESPECIALLY because this is a voluntary change - he should not make this change if it would mean he was then unable to make his payments for his birth children. Most courts see it that way, too.

Would my children be entitled to his estate upon his death?
- His adopted children would be considered the "same" in the eyes of the law as his birth children. If he died without a will, all four children would share the estate. If he makes a will, he can leave whatever amount to each child that he chooses to leave. Just like he could leave his two birth children different amounts, he could leave his birth children and his adopted children different amounts. Any of his four children would have the legal right to contest the will, and winning or losing on the legalitities of how its written.

Would I be entitled to child support in the event of a divorce?
- Yes, if the judge awarded custody to you. But don't forget that as their legal father, he would be just as entitled to get custody of them and get child support from you.

Hope that helps.

[Kallen330]

Something else you may not have thought of and may want to consider is how an adoption may effect any benefits your children may be receiving now from social security survivors benefits or their deceased fathers estate.

An adoption "legally" erases the biological parent. That is about the best way I can describe it. This can possibly effect any benefits your children receive now or may be entitled to in the future from your deceased husband.

Good luck!