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  #1  
Old 10-18-2001, 02:32 PM
brzegal
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Obtaining Consent/Diligence


The Scenario: I have a boy who is now 5 years old. I was not sure who the father was when he was born. I went through the process of DNA with one possibility (there were two), and we found he was not the father. I do not know the last name or whereabouts of the second possible father.

I have been married for two years, living in the state of NC. My husband wishes to adopt our son--he is the only father in my son's memory. What are the necessary steps for us to take to ensure that we have "diligently" attempted to seek out the natural father? And since we can show that our son has never been supported, contacted, or claimed in any way by this guy known only as "Frank", how do we approach the court with the request to eliminate his rights? Do we still need to enter a publication somewhere to show attempt to contact him? I don't even know what state he's in...
  #2  
Old 10-25-2001, 02:40 PM
ex-ratt
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Cover all the Bases..


Put the publication in the area (state) were the son was concieved. And use the name "Frank" as a header. You need to cover all the bases and don't forget the paperwork, Dates, the whole nine yards. leave nothing absolutely nothing to chance.

Then, if you don't have one, get the attorney to draw up a "show cause hearing" and the adoption hearing right after. Find a judge that is "user friendly" and have it fast tracked through. If the dad does show the "show cause" means that he needs to explain why he has been a no show for so many years and his rights not be terminated. As a MIA, he has the burdeon of proof and you are in the drivers seat.

Good luck and don't forget to cover the documentation issue. All paper work everything.
  #3  
Old 10-26-2001, 08:36 AM
dorenephilpot
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In Indiana, your child would be adoptable without bio father's consent.

But check with a lawyer in your state to make sure it would be the same there.
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