My daughters biological dad has aready signed consent papers for my husband to adopt her. We have already had the papers submitted and the court date has been set.The problem is that when Icalled to get the home study (It's required in my county for any adoption) the lady said it wouldn't happen. The reason is because my husband has a criminal background. He has several 5th degree felonyconvictions on is record because of drugs. (just drugs) He went through rehab and nowdoes't even drink. He has been been clean and sober since 2001 and has had a clean record.(all this happened before I met him) He has even gone to college and received a degree and has had a steady, good job for 2 years. The woman I spoke to at the adoption agency said it had to be 10 years past his release time before he can adopt her and someone at another agency said it only had to be 3 years. Which is it? Her step-dad has been her dad practically her whole life, I would hate it if he was unable to adopt her. Especially since she is going to live her anyway and continue to call him daddy. Please help...I have been worried about this for days. :confused: Thanks very much!

wow- i don't know the answer to your question, but have you talked to the actual people who are going to be doing the home study to see what they say?

One home study company said 10 years flat and another said 3 or 10 years. My lawyer isn't even sure. All I know is that supposedly step-parent adoptions are easier...so far I haven't seen evidence of that.

Don't take any of this the wrong way, one of my most trustworthy friends has a Felony on their record from over 10 years ago that they are still working to get removed. I am in no way saying that they can not be good people.

It takes 10+ years of being a good citizen to get a Felony taken off of a person's record and it doesn't happen automatically, they must file papers and take it to court.

I don't believe anyone with a Felony on their record can adopt a child (step-parent) or not. Felons have different rules to abide by than regular citizens, so there are many limitations to what they can do.

Step-parent adoption is not really easier than regular adoption, except that some people are able to get the biological parent to agree to the adoption and since the child is already living with one biological parent, there are less checks to be done overall.

I don't know of ANY state that allows for a Felony Conviction to be expunged..

I'm not trying to get it expunged, I'm just trying to get the "good dad" to adopt her. Without getting into the whole lengthy story..her biological dad is a dead beat and she's better off with my husband. It is possible to change after you have been convicted of a felony and he has, I wouldn't be married to him if he wasn't. He biological dad has agreed to the adoption, in fact it was his idea. That is why this is so frustrating and I'm impatient.

I don't know of ANY state that allows for a Felony Conviction to be expunged..

NY and CA do, I am unsure of the other states. It's a really difficult thing to do though.

I have an attorney also that is on the case that knows the whole story. I am just an impatient person and was hoping that I was able to get answers before Monday. We are stuck because regardless she lives with us and nothing is going to change and her bio dad doesn't want her. It's heart breaking.

The fact is your husband is a convicted felon...and it is extraordinarily unlikely that a Judge would allow a convicted felon to adopt a child...It would be very irresponsible for him to do so.

NY and CA do, I am unsure of the other states. It's a really difficult thing to do though.

Are you sure that the expungments granted are for non-overturned convictions?

And the fact is he made a mistake with drugs when he was younger, he's not a felon because he did something violent or hurt a child in any way. He's human and deserves a second chance.

And the fact is he made a mistake with drugs when he was younger, he's not a felon because he did something violent or hurt a child in any way. He's human and deserves a second chance.

Okay...Think of it this way...IF a Judge were to grant an adoption in these circumstances AND something were to happen to the child in question...How do you think people would react to it? Not saying that your hubby would do something to hurt the child ...but look at the situation from another side...

And how do you know that the drugs he sold didn't end up in a kids hands?

Well he didin't sell drugs most was possession. My lawyer said she even had a case where the allowed a convicted felon to adopt (I don't know the charge) With that aside, I know my husband and have for several years and that part of his life is over. I quess now it's just a waiting game to see what happens. I hope things go in our favor...no since speculating yet.

Are you sure that the expungments granted are for non-overturned convictions?

In NY and CA there have been rare cases. Obviously, any charge of a sexual nature or against a child wouldn't qualify and it's more than just difficult to do so it's very rare.

My point for the OP though was that if my friend (who did have the conviction overturned) needed to be 10+ years past the conviction in order to get it removed, then there is no way that the 3 years limit would be true.

They say some employers don't check past 10 years and it's probably true that some organizations such as these home study groups don't bother to go back that far either.

Ok, thanks for the info. Wish us luck! We should know in a couple months.

can i ask this. so how does it work if he has his own children would they take them away. i

They are free to have their own children and not lose them unless they are proven to be a risk to the child.

I found the info I was looking for...and yes probably at some point he can adopt her. (I don't know details)

What if the dead beat dad has the same kind of turn around in life your husband experienced and then wants to see his child?

Has the court actually found in favor of your ex relinqueshing his parental rights?

Worry is wasted energy. If you are already going to receive an official answer, then our opinions are worthless.

According to the Ohio Revised Code:

[§ 3107.03.4] § 3107.034. Summary report of search of uniform statewide automated child welfare information system; denial of application for adoption.

(A) The summary report of a search of the uniform statewide automated child welfare information system established in section 5101.13 of the Revised Code that is required under section 3107.033 [3107.03.3] of the Revised Code shall contain, if applicable, a chronological list of abuse and neglect determinations or allegations of which the person seeking to adopt is subject and in regards to which a public children services agency has done one of the following:

(1) Determined that abuse or neglect occurred;

(2) Initiated an investigation, and the investigation is ongoing;

(3) Initiated an investigation and the agency was unable to determine whether abuse or neglect occurred.


(B) The summary report required under section 3107.033 [3107.03.3] of the Revised Code shall not contain any of the following:

(1) An abuse and neglect determination of which the person seeking to adopt is subject and in regards to which a public children services agency determined that abuse or neglect did not occur;

(2) Information or reports the dissemination of which is prohibited by, or interferes with eligibility under, the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101 et seq., as amended;

(3) The name of the person who or entity that made, or participated in the making of, the report of abuse or neglect.


(C) (1) An application for adoption may be denied based on a summary report containing the information described under division (A)(1) of this section, when considered within the totality of the circumstances. An application that is denied may be appealed using the procedure adopted pursuant to division (B) of section 3107.033 [3107.03.3] of the Revised Code.

(2) An application for adoption shall not be denied solely based on a summary report containing the information described under division (A)(2) or (3) of this section.



This is from the ADOPTION AND SAFE FAMILY ACT OF 1997

8. Criminal Records Checks
ASFA generally requires that before a foster or adoptive parent may be finally approved for placement of a child, that individual must have undergone a criminal records check. Conviction of a felony relating to any of the following will bar the individual from ever being approved for placement of the child:
1. Child abuse or neglect;
2. Spousal abuse;
3. A crime against a child, which specifically includes child pornography;
4. The following crimes of violence:
a. Rape;
b. Sexual assault;
c. Homicide
d. This group does NOT include any other physically assaultive crimes.

In addition to this grouping, which, again, bars the individual from ever being approved to take a child as a foster or adoptive parent, another group of crimes bars an individual from being approved as a foster or adoptive parent if that individual has been convicted of a felony in the five years before the check is conducted. The five-year restrictions include the following:
1. Felony physical assault or battery (e.g., felonious assault, assault with intent to commit great bodily harm);
2. Any drug-related felony.

NOTE: While the ASFA generally requires a state’s plan for providing child welfare services to contain these bars to the placement of children, this provision is one of the few areas where the state may opt out without suffering a penalty. Thus, your individual state may chose not to require such checks or may not require that a potential foster or adoptive parent be barred from providing care based in one or more of these circumstances.


Hope this clears it up for you.

Wow! Thanks a lot...that really does help a lot. I'll talk to my lawyer today and see where we go.

In case anyone is wondering..I just found out the that criminal background rules do not apply to Step-parents. The rules are all a little different with step-parent adoptions!! Now we just have to go to court and make it official!! :):)