My wife has children from a previous marriage that I do not have "legal guardianship" over.
The biological father is out of the picture and I am the only dad they have known. The problem is when it comes to getting something "legal," such as a passport, we need their biological father’s signature, which is difficult.
Is it possible to get legal guardianship over the kids without consent from one of the parents?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
Based on the information you provided it does not appear that you need a legal guardianship because the mother of the children is fit and proper. Rather, it seems based on the limited information that I have that an adoption is the proper legal avenue that you need to pursue.
In order to adopt the children you are going to have to give the father notice of the proceeding. If he objects to the proceeding, the judge will make a decision on the adoption.
Whether you have standing to adopt the children will depend on the specific laws in your state.
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Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.