I got married 12-31-2007. I have been with my husband for 2 years now. I have a 3 year old and my husband wants to adopt him. I am trying to find out what I need to do in the state of Indiana.
Trentons dad has no contact with him. Trent has called him and left message and we hear nothing in return. I want to terminate his parental rights. I have been told from a couple friends and co-workers that if I palce an ad in the paper where he lives sayin I want to terminated his right due to the fact that my husband wants to adopt him, and let the ad run for 30 days. If I hear no response he forfits his rights. I'm not sure if that works here in Indiana?!?
Trentons dad already has paternity established because I forced the issue after Trent was born, and also because he is in the Air Force. He is also paying child support only cause it is garnished from his wages. There is no court order for visitation however, and we were never married:D .
Is there anything anyone can tell me that could help me and my husband?
please help!

First, most judges will require you to be married year before your husband can adopt.

Second, support payments, even garnished ones, is considered contact. The easiest way would be to ask the bio dad to relinquish his rights as that would stop the CS.

this should b fun. I know he won't sign over rights.

this should b fun. I know he won't sign over rights.

It will stop the child support. That is usually a pretty good negotiating point.

However, he does not HAVE to reliniquish paternity.

so what does that mean if he does away with the one but not the paternity?

I don't understand the question.

It will stop the child support. That is usually a pretty good negotiating point.

However, he does not HAVE to reliniquish paternity.

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signing over his rights will do away with the child support??

What do u mean reliniquishing paternity???

Okay.

A child can only legally have one father and one mother. If you want your present husband to adopt your child - thereby becoming the child's legal father, the bio dad has to stop being the father.

If the bio dad is no longer the legal father of the child, he no longer has to pay for that child's care. If you and your husband divorce, your present husband WILL have to pay child support because the adoption survives a divorce.

ok i see what you are saying. So, in most cases what are the chances that the men give up their rights?

It depends greatly on an awful lot of emotional factors.

How much input and love does the bio dad have for the child and how much he wants to screw up your life are just two of them.

However, usually telling a father that doesn't have an emotional connection to a child that someone else is willing to take over his financial burden is a pretty convincing argument.

I noticed your signature in part says "missing my hubby". Is your husband in the military?
If so, you might be able to get some help through the military on this, so be sure to check into that.

does his dad have court ordered visitation? if not, then he hasn't had the right to visit him and that will hurt your case. you can't say he hasn't visited when he didn't have the right. the 1st thing a judge will probably do is grant him visitation rights and then see if he excercises them. trust me, it will be sooooo much easier if he will consent. but, you will need to be married at least a year before you file.