Adoption & bio-dad is uninvolved

What is the name of your state? Alaska

I divorced the bio-dad of my 2 children 8 yrs ago. Though I receive child support thanks to a court ordered payroll garnishment against him, the sperm-donor has only chosen to exercise visitation on 2 or 3 occasions in the past 8 years. It has been 4.5 yrs since he has seen the children, remembered birthdays, Christmas, or any other occasion. He never calls or writes, emails or communicates with them in any fashion. Out of sight, out of mind, I guess. Just over a year ago I married a wonderful man who is committed to us and adopting the children. I anticipate pride will prevent the bio-dad from signing away his rights voluntarily. Do I have grounds for "abandoment' considering the total lack of contact by him toward the children? What approach should I take legally to have their "acting father", my husband adopt them.

[Seanscott]

If he has been paying support all this time, it may be difficult to have the children declared abandoned.

If you explain to the biodad that voluntary termination of parental rights, for the purpose of a stepparent adoption will mean the end to child support, he may be willing to terminate.

If your husband files a petition to adopt, and the biodad contests it, the biodad will have to file a motion to stop any attempt to adopt. This takes effort & money, and I believe, he will have to travel to make an appearance or two at the courthouse. I doubt if he will truly want to fight it.

If he fails to file any motion to stop the adoption process, then his consent will be "permanently & irrevocably" implied after a set t time limit, according to your state.

You have been married for over a year and the biodad has not contacted the children.

It might be worth a shot to just go ahead and file the petition to adopt and see what happens, if the biodad won't cooperate with you.

I'm not a lawyer, just someone who is fighting through a stepparent adoption and has had to learn some things the hard way. Good luck to you.

Thanks for your insight Seanscott. Are you familiar with whether my husband can file a petition to adopt prior to seeking any action to voluntarily or involuntarily terminate the bio-dads rights. In other words, will the petition to adopt properly prompt the latter?

[Seanscott]

Your husband can file the petition to adopt anytime he wants.

Biodad will recieve a notification of your husband's intentions from the court, after the filing. In Indiana, when the biodad receives the paperwork, there is another paper in the same envelope that he can sign to consent to the adoption.

Filing the petition to adopt will start the ball rolling. You do not have to communicate with biodad in any way before your husband files.

I hope I've answered your question.