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termination of parental rights Indiana

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  • termination of parental rights Indiana

    ok so i have a 3yr old daughter whos father has not contacted her in any way or suppored in 2 1/2yrs i want to have his parental rights terminated so she can be adopted when me and my fiance get married in march. he has raised her since march of 2010 so after the wedding it will be 2 yrs he has supported her. do i have to have her bio fathers consent or notify him of the termination or adoption because this will be a problem as i have no idea where he is.

  • #2
    Originally posted by samsanabria View Post
    ok so i have a 3yr old daughter whos father has not contacted her in any way or suppored in 2 1/2yrs i want to have his parental rights terminated so she can be adopted when me and my fiance get married in march. he has raised her since march of 2010 so after the wedding it will be 2 yrs he has supported her. do i have to have her bio fathers consent or notify him of the termination or adoption because this will be a problem as i have no idea where he is.


    Has paternity been established legally?

    Are there any court orders in place?

    Comment


    • #3
      Originally posted by Dogmatique View Post
      Has paternity been established legally?

      Are there any court orders in place?
      we both signed an paternity affidavid when she was born saying he was the father.... the only court order i have is one not allowing visitation because the last time he saw her when she was 6 months old he threatened not to give her back and we had to call the cops on him

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      • #4
        Originally posted by samsanabria View Post
        we both signed an paternity affidavid when she was born saying he was the father.... the only court order i have is one not allowing visitation because the last time he saw her when she was 6 months old he threatened not to give her back and we had to call the cops on him

        Okay, thank you.

        So here's what you do:

        Get married in March.

        Then come March 2013 (the courts want to see stability - so stay married for at least a year), go and see a local adoption attorney. If Dad continues with the lack of contact and support, you should be able to have his rights terminated involuntarily as part of the stepparent adoption.

        But you will need an attorney. Adoption is never a do-it-yourself project and even less so when there is an absent parent. You don't want Dad to be able to overturn it at a later date.

        Finally, a question we often ask parents who are thinking about this.

        If you and your husband divorce, are you going to be okay with him getting custody and you having to pay child support?

        If you and your husband divorce, is he going to be okay with you getting custody and paying child support for a child not biologically his?

        I realize things are perfect right now, but unfortunately there are too many cases where the adoptive parent and the parent divorce and suddenly one of them wants to overturn the adoption.

        Just something to think about


        Edited to add: In the meantime if Dad comes back on the scene and wants to be a father to his child, the stepparent adoption just isn't going to happen.
        Last edited by Dogmatique; 11-11-2011, 11:31 PM.

        Comment


        • #5
          Originally posted by Dogmatique View Post
          Okay, thank you.

          So here's what you do:

          Get married in March.

          Then come March 2013 (the courts want to see stability - so stay married for at least a year), go and see a local adoption attorney. If Dad continues with the lack of contact and support, you should be able to have his rights terminated involuntarily as part of the stepparent adoption.

          But you will need an attorney. Adoption is never a do-it-yourself project and even less so when there is an absent parent. You don't want Dad to be able to overturn it at a later date.

          Finally, a question we often ask parents who are thinking about this.

          If you and your husband divorce, are you going to be okay with him getting custody and you having to pay child support?

          If you and your husband divorce, is he going to be okay with you getting custody and paying child support for a child not biologically his?

          I realize things are perfect right now, but unfortunately there are too many cases where the adoptive parent and the parent divorce and suddenly one of them wants to overturn the adoption.

          Just something to think about


          Edited to add: In the meantime if Dad comes back on the scene and wants to be a father to his child, the stepparent adoption just isn't going to happen.
          we have decided that since her father is not apart of her life he is willing to remain responsible for her since we have a child together also and going to have another one he would be willing to pay child support if neeed be as would i. i also know for a fact that bio father is not going to come back as he told me to leave him alone or he would charge with me harrassment last time i asked him if he wanted to see or talk to his daughter. i would like to thank you for your help you answered all of my questions

          Comment

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