Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > FAMILY LAW > Adoption

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 06-23-2005, 12:24 PM
Junior Member
 
Join Date: Jun 2005
Posts: 6
Question

Need advice whether to pursue adoption


What is the name of your state? Ohio. I posted before but I don't see it anywhere, so rather than type it all out again, I'll just ask this:
The mother and father were young and stupid. Never married, lived together, used drugs, had sex, got pregnant, had baby,talked about straightening up, never did, made another baby. Lots of fighting in the relationship, physical and mental, numerous arrests, he was barred from the apartment complex, etc., both were depressed, self medicating, ended up with the 21 year old mother commiting suicide 3 years ago, the father, age 23,( who had been having many mental problems since age of puberty) went completely berserk, spent 5000. of the children's social security on drugs, destroyed the mobile home I had provide him to live in, and had to be probated into Psychiatric care. Diagnosed as bipolar. he was prescribed meds, and released into the care of his aunt.
The two babies were about to become wards of the state with mother deceased and no father established. (He did sign birth certificates and gave them his name though) As the paternal grandmother I paid 1,200. to an attorney for my son to establish paternity and hoped he would get it together. It didn't happen, he walked away from it (and them) and left me having to come up with a quick $800 more for my own lawyer to pursue custody. Then comes other grandmother to fight me for custody-that done, I have custody, the other grandmother and I worked out visitation, things settle down a little. Meanwhile there's been no contact from my son, the children's father, who now resides with an aunt. 2 years have gone by and he's seems to be doing better, he's working atleast. The children, ages 2 and 3 are doing well, here in our home as they have been since the beginning. Now his aunt says he is saving all his money, has already seen an attorney and is going to take them away. He's angry that I never allowed him to visit. This is the truth-he has never requested to visit. Never called, sent a letter, anything, in two years. He is an emotional rollercoaster and the kids don't need to be put on that ride. I want him to do well and recover, but he walked away from the chance to be their dad, and kids aren't something you can take out of the drawer when you get in the mood to play daddy.
What is your advise? He will be better /and worse as time goes by, I don't want the babies to have to deal with him pulling them out of here when the mood strikes him. Should I pursue adoption? Will it go through? I know he will contest it. Does he have any say since he is not established as their father, has never paid any kind of support to them, has literally abandoned them for two years? What's my next move from a legal standpoint? Please advise~
  #2  
Old 06-23-2005, 01:49 PM
Senior Member
 
Join Date: May 2004
Posts: 41,332
Quote:
Originally Posted by Lullabye
What is the name of your state? Ohio. I posted before but I don't see it anywhere, so rather than type it all out again, I'll just ask this:
The mother and father were young and stupid. Never married, lived together, used drugs, had sex, got pregnant, had baby,talked about straightening up, never did, made another baby. Lots of fighting in the relationship, physical and mental, numerous arrests, he was barred from the apartment complex, etc., both were depressed, self medicating, ended up with the 21 year old mother commiting suicide 3 years ago, the father, age 23,( who had been having many mental problems since age of puberty) went completely berserk, spent 5000. of the children's social security on drugs, destroyed the mobile home I had provide him to live in, and had to be probated into Psychiatric care. Diagnosed as bipolar. he was prescribed meds, and released into the care of his aunt.
The two babies were about to become wards of the state with mother deceased and no father established. (He did sign birth certificates and gave them his name though) As the paternal grandmother I paid 1,200. to an attorney for my son to establish paternity and hoped he would get it together. It didn't happen, he walked away from it (and them) and left me having to come up with a quick $800 more for my own lawyer to pursue custody. Then comes other grandmother to fight me for custody-that done, I have custody, the other grandmother and I worked out visitation, things settle down a little. Meanwhile there's been no contact from my son, the children's father, who now resides with an aunt. 2 years have gone by and he's seems to be doing better, he's working atleast. The children, ages 2 and 3 are doing well, here in our home as they have been since the beginning. Now his aunt says he is saving all his money, has already seen an attorney and is going to take them away. He's angry that I never allowed him to visit. This is the truth-he has never requested to visit. Never called, sent a letter, anything, in two years. He is an emotional rollercoaster and the kids don't need to be put on that ride. I want him to do well and recover, but he walked away from the chance to be their dad, and kids aren't something you can take out of the drawer when you get in the mood to play daddy.
What is your advise? He will be better /and worse as time goes by, I don't want the babies to have to deal with him pulling them out of here when the mood strikes him. Should I pursue adoption? Will it go through? I know he will contest it. Does he have any say since he is not established as their father, has never paid any kind of support to them, has literally abandoned them for two years? What's my next move from a legal standpoint? Please advise~
I recommend consulting an attorney. Adoption might very well be the best route, but that could be difficult to accomplish without his consent.
  #3  
Old 06-23-2005, 02:02 PM
Junior Member
 
Join Date: Jun 2005
Posts: 6
Question

Oh, I appreciate that point, I have an appointment for tomorrow morning, just getting anxious as to what they'll tell me. That's why I am asking here. WHY will it be difficult though, when the adoption laws in Ohio say:

The father must be contacted if:
If the child was conceived or born while he was married to the mother (NO)

If he is the adoptive father (NO)

If he has established paternity (NO)

The putative father" (NO, he never signed up for that)

Any agency or person having permanent custody" (NO, that's me)

The court having jurisdiction to determine custody" ?...

won't this be seen as abandonment, since there's been no contact in two years? The court gave me custody with the understanding that I was not permitting visitation by him, whom they have seen as unfit...why would they then ask his permission? (thank you for the response)
  #4  
Old 06-23-2005, 02:17 PM
Senior Member
 
Join Date: May 2004
Posts: 41,332
Quote:
Originally Posted by Lullabye
Oh, I appreciate that point, I have an appointment for tomorrow morning, just getting anxious as to what they'll tell me. That's why I am asking here. WHY will it be difficult though, when the adoption laws in Ohio say:

The father must be contacted if:
If the child was conceived or born while he was married to the mother (NO)

If he is the adoptive father (NO)

If he has established paternity (NO)

The putative father" (NO, he never signed up for that)

Any agency or person having permanent custody" (NO, that's me)

The court having jurisdiction to determine custody" ?...

won't this be seen as abandonment, since there's been no contact in two years? The court gave me custody with the understanding that I was not permitting visitation by him, whom they have seen as unfit...why would they then ask his permission? (thank you for the response)

"Putative father" may not require him to have signed up for the registry. If you deny his paternity you may also be complicating things for yourself as well. If he isn't the dad...you aren't the grandparent......

However, its possible that you can get his rights involuntarily terminated due to the fact that he was found unfit and has not seen the children in two years.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 02:27 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.