Im so excited!

[slcarter]

What is the name of your state? Louisiana

I posted a few weeks ago with questions on termination of rights and step parent adoption.

Heres a short run down and the outcome so far:

Bio dad has been in and out of my sons life since his birth almost 6 years ago. He recently has gone over a year and a half with no contact.

Yesterday I was visited by the Sheriffs Office with papers from Biodad suing for full custody, contempt charges, and child support. After examining said papers, myself and the officer realized the service paper on the front was correct but the orders on the back belonged to someone else, so he took them back and logged them as unable to be served.

2 weeks ago I had made an appointment with my attorney to discuss ther termination/adoption process and cost. The appointment was today.

The attorney says the adoption process is simple if the judge allows termination of rights without consent, which in my attorneys eyes is very favorable. If the judge sees a reason for consent then we will probably have to go to trial. But my family has a few "connections" with the family court that will be hearing our case, so it looks as though everything is right on track. My attorney says the adoption process will take approximately 60 days to be finalized and that it is in my best interest to avoid being served with papers once they are corrected and resubmitted for servicefor the next week. If I am not served within 72 hours before the court date,which is January 21st, then the papers have to be refiled and another court date issued.

If I can avoid service, then my attorney has time to file the petition for adoption and termination of parental rights. The funny thing is when biodad sued for visitation the first time he sued in another cuty because of the connections my family has where we live. My attorney is in return filing in the city we live in for adoption/termination of parental rights!

I will keep everyone updated and hopefulluy withing the next 2 months we will be rid of the bioddad permanently!

 

[Seanscott]

That's great news & I'm very happy for you!

If you don't mind my being nosy - how does biodad justify his abandonment of the child, and why does he think he can get custody? Is he stupid?

 

[slcarter]

No, I dont mind you being nosey at all and yes he is stupid.
He goes to a attorneys that are just getting a foot in the door and they promise him everything he wants for $1000's of dollars, so he honestly thinks he has a chance of a judge giving him full custody.

He really has no explanation, most of the lack of visitation is due to me. I will repost on here what I posted in the other forum and that should explain everything to you.

 

[slcarter]

Attn: Seanscott

These are a few questions posted in another forum and my answers, maybe this will help you better understand the situation....



*I don't know your whole story, but why is bio dad suing for child support if you have the child? And what are the contempt charges for?*

He is suing for full custody and child support from me. The contempt charges are because he has failed to take court ordered drug tests for the past 2 years, therefore I denied visitation.



*You do realize that you made a big mistake by "hiding out" and not getting served?*

I did not "hide out", I answered the door, but the papers were wrong so were not considered serviceable by the sheriffs deputy.

*I really feel bad for bio dad just from the specific post, especially if he feels threatened enough to try and file in a different city because he is afraid your family could get to the judge and rule in your favor.*

He initially filed in a different city because HIS father had "connections", however they ended up with a judge other than the one his father requested. He was initially granted RESTRICTED visitation due to failing a drug test ordered by family court. The restriction was dropped in 2000, but he was ordered by the judge to undergo random drug test at MY requests, my attorney requested 3 over a 6 month period and he refused to take them.

*How is this all good? Why has bio dad not been in your child's life? Have you ever allowed visitation if court ordered?*

Yes, I did allow visitation when it was restricted, but once I found out he was not following the guidelines of the restricted visitation, I suspended visitation pending another court date. He was later granted unrestricted visitation pending drug testing at my discretion which he refused to submit to so I again suspended visitation. The last time he was my son was over 2 years ago and all he had to dow as take a drug test and pass it. He has made no effort legally to get his visitation again until now and that is only because he got wind that my husband and I were filing for parental rights/adoption.


And to fill you in as briefly as possible so you feel no sorrow for this person.......

He is 35, married for the first time, he has fathered 5 chldren, mine being the 3rd. He has never seen the 1st child, signed over rights on the 2nd child for adoption by the stepparent, and went over 1 1/2 years without even attempting to see my son. He has 9 outstanding warrants, no drivers license and his wife has filed several domestic abuse charges against him. He is in arrears on child support for my son well over $5000 and in his opinion doesnt owe a penny of it.

Do you still feel sorry for him?

 

[Seanscott]

I certainly do not feel sorry for him! He has no one to blame but himself. I hope you get everything you ask for. Some people don't deserve the blessing of parenthood.

With outstanding warrants, does he risk the chance of being arrested & jailed when he appears in court?

Were you able to stop visitation on your own, or did you have to file contempt charges with the court?

Best wishes to you & your husband!

 

[slcarter]

With outstanding warrants, does he risk the chance of being arrested & jailed when he appears in court?

Our police departments have issues with showing up to court to detain persons with outstanding warrants. That means they actually have to exert more energy than normal! ha ha The one time I actually got them to show up he failed to appear for court.

Were you able to stop visitation on your own, or did you have to file contempt charges with the court?


I was able to stop it on my own because the judgement states that he is not allowed to be present during the change of custody for visitation, his wife has to pick my son up and she has not attempted to pick him up for visitation in over 2 years. BD is the one that has shown up the last few times, but he has no license, so I refused to let him take my son.