AR - Step Parent Adoption

[AR_Mom]

What is the name of your state? AR


Bio-father name is on BC and Paternity established through DNA with the Courts. Bio-Father has never pursued custody or visitation. CS was established and a total of 12 payments have been received throughout 7 years. All were either garnished when CS was able to locate an employer (then he would quit) or when another female was unfortunate enough to file a joint tax return and it was seized.

Bio-father saw the child for 5 minutes (maybe) when she was 3 months old. That's it.

We were attempting the termination of parental rights on the grounds of abandonment. Since he has not seen the child, and no support payments have been sent in over a year. We filed the paperwork ourself, it was a generic petition that is available through the court house. Petition was files last week and summons was issued through Mail.

PROBLEM --- CSE located another employer and garnished Bio-fathers check. So now there is a support payment on record.

What does this do to our abandonment issue? If Bio-father follows true to form, he will quit this job as well. Can we show that the first garnishment issued, he quit and let that stand as the basis for abandonment.

My address is public info -- we have lived in the same community for the past 10 years. Bio-father has been aware of our contact information, he just never got involved.

Bio-father, moves from gf to gf and NOTHING is ever in his name. So tracking him through public records is hard.

Any ideas / comments?

THANKS!

[Ohiogal]

Nobody knows what the judge will do. It will be up to you to prove your case. If you believe you can prove abandonment then go for it. And what you do mean WE filed a petition? Is your hubby going to adopt the child? He has NO legal standing in this quite yet. And adoption IS NOT a do it yourself project.

[tigger22472]

Was the petition filed prior to CSE finding the employer?

[AR_Mom]

Just to get the wording right.

I filed a petition to terminate the parental rights of the biological father. The grounds for the termination of the Parental Rights was abandonment. There has been no communication between the biological father and daughter. He has never sought visitation or any form of custody. He has never attempted to see her. We (daughter, mom, stepdad) have lived in the same area and he has had our contact information. No contact.

Because of our financial situation, she was born on a medical card and the state pursued him for child support. That is how the DNA testing, etc came around. Since the CS order was established, he has NEVER paid voluntarily. He works a job and quits if CSE locates him and files a garnishment. They have intercepted one tax return when a gf or wife, not sure which, filed a joint return and was surprised to hear that he was a dad.

I said we, because step dad filed jointly on the termination and requested to adopt daughter. The state will not terminate unless someone is willing to accept the responsibility. Stepdad would like to make their relationship as strong on paper as it is in real life. He has helped raise her since she was two.

We are not sure when CSE was able to locate the employer exactly. We filed on 09-15 and they received a payment from the employer on 09-16. Payment has not been dispersed to me yet. (On line payment info)

We have requested that the Judge direct CSE to supply address and employer information for the purpose of the SUMMONS only. Including just providing the information to the Court House to protect his privacy.

We can prove abandonment since he has never established a relationship to the child, but I know that child support payments are considered a form of contact. Was wondering how would be the best way to present the fact that this child support payment was not voluntary and would not have been made had it not been garnished by CSE. It has been two years since the last garnishment.

[tigger22472]

Originally Posted by AR_Mom

Just to get the wording right.

I filed a petition to terminate the parental rights of the biological father. The grounds for the termination of the Parental Rights was abandonment. There has been no communication between the biological father and daughter. He has never sought visitation or any form of custody. He has never attempted to see her. We (daughter, mom, stepdad) have lived in the same area and he has had our contact information. No contact.

Because of our financial situation, she was born on a medical card and the state pursued him for child support. That is how the DNA testing, etc came around. Since the CS order was established, he has NEVER paid voluntarily. He works a job and quits if CSE locates him and files a garnishment. They have intercepted one tax return when a gf or wife, not sure which, filed a joint return and was surprised to hear that he was a dad.

I said we, because step dad filed jointly on the termination and requested to adopt daughter. The state will not terminate unless someone is willing to accept the responsibility. Stepdad would like to make their relationship as strong on paper as it is in real life. He has helped raise her since she was two.

We are not sure when CSE was able to locate the employer exactly. We filed on 09-15 and they received a payment from the employer on 09-16. Payment has not been dispersed to me yet. (On line payment info)

We have requested that the Judge direct CSE to supply address and employer information for the purpose of the SUMMONS only. Including just providing the information to the Court House to protect his privacy.

We can prove abandonment since he has never established a relationship to the child, but I know that child support payments are considered a form of contact. Was wondering how would be the best way to present the fact that this child support payment was not voluntary and would not have been made had it not been garnished by CSE. It has been two years since the last garnishment.

That simple ONE day may work in your favor. Any contact or support made after a filing does not generally work against you when you are pushing for abandoment. Plus, not all states consider CS contact and the context in which it is obtained is sometimes considered. What I mean is, in this case the state is forcing the issue of support, it's not like he's voluntarily paid.

The judge may or may not grant this request. Adoption is not a DIY project, you really should get a consult (shop around, some are more expensive than others) to know how to PROPERLY serve bio-dad, the notice required (my state has a specific form), whether a home study is required by the state... etc.

[AR_Mom]

Wanted to let everyone know the update and the problems we have encountered along the way.

When we went to file the termination of rights and petition for step parent adoption, we ran into the "don't have a clue wall". The clerk at the court house told us that we could not file a petition without a lawyer. It just isn't done. I laughed. I told her that I understand that it isn't always the smartest thing to do, walking into court without an attorney, but I did know that it was LEGAL to do. She about came unglued. Hopped on the phone and preceeded to tell several different people, apparently based in different areas of the court house MY personal issues and business. She finally calls the judges offices and talks with his personal clerk. Who informs her that she is WRONG!!!! Then the Judges clerk asked to talk with us.

She informed us of the usual.....we can't give you any directions or advise that would be deemed as "legal advice". Yep...knew that. Got it! No problem. Papers filed.

Received the certified letter return slip showing that the Biodad has received his copy of the summons and petitions.

Phone call comes in Thursday night. Biodad. Mail him whatever papers he needs to sign and he will sign. (Not mailing...hand delivering them in the morning.) In th background his new gf of the week is having a meltdown. She is demanding that before he signs anything that I forgive all of his arrears (several thousand dollars) and that I also return the $51.82 that they took from his last paycheck.

I don't need or want his money. And I don't have a problem with forgiving his arrears or whatever it takes to clear them. (All of the money is owed to me now, nothing going to the state or anything.) He wants me to put it in the adoption papers that we forgive all arrears.

My question.....could we do that. Or would that open up the ethics issue. I don't want him to be able to come back at a later date and say that I bought our daughter or that I used his arrears to get him to sign anything. See where I am going with this one???

[AR_Mom]

Okay.....we had everything lined up and waiting for the service to go through to request the court date. Our case ready to present and a judgment order typed up and ready for signature.

Certified summons was refused. So we took a summons over to the Sheriff's office to get him served. Ran across Biodad in the process and got the chance to talk face to face without the new gf around. He voluntarily went to the SO and received summons. THEN he went to the court house and signed a consent and waiver to the step parent adoption.

SO****************************....

This threw us and we don't know the proper proceudre to follow. What do we do now???

Do we request a court date, wait it out and then get a default judgment. Or can we go ahead and request a default judgment since the biodad signed the consent and waiver.

HELP!!!!!!!