Question about Termination of Rights for Step Parent Adoption

[kittykat8581]

What is the name of your state? PA

First a little backround. I have 2 sons who are 2 and 3. Fiancee and I are getting married in October and he will be trying to adopt them. Birth Father has not seen oldest since he was 3 months and has never seen youngest, b/c he plead guilty to abusing my oldest son was he was 8 weeks old. Also he has been in jail since January for a probation violation. He gets out this month. I have primary physical and sole legal custody.

My question has to do w/ invouluntary termination of rights. I don't know if he will sign over his rights or not. I know that in PA the abandonment laws say failure to perform parental duties for 6 months. As I stated it has been WAY longer than that since he has seen them. However, he is court ordered to have child support come out of his checks. Do they consider CS to be a form of parental duty? If so, if he starts paying when he gets out of jail, will they take into consideration the fact that he is almost $6000 behind (which is equal to about 18 months) for abandonment to apply ? I hope that my question is clear. TIA for any advice.

 

[tigger22472]

Yes, CS is considered contact so if he starts paying it makes the time null and void. Have you looked into how long you have to be married before the adoption can take place? Some states require a year. If he is paying support and won't voluntarily consent then you have little recourse. The arrearage won't matter if he's paying.

 

[kittykat8581]

I've been told that there is no time limit in PA for how long you have to be married. I know we could do it now, however, we have decide to wait until after the wedding for finacial reasons. I am going to do whatever it takes to get him to sign the papers, but he has been very frustrating in the past. He willingly signed over custody of my oldest son, and didn't care enough to show up to sign the papers for the youngest. BUT he refused to sign our divorce papers for 2 years. After what you have said I hope he signs them.

 

[tigger22472]

Your only other recourse is if he doesn't pay go to a lawyer and have him served. Then the only way that he can contest is by filing it through court. This is what I did and my ex didn't file anything so we're free and clear as far as he goes.

 

[kittykat8581]

This may sound like a dumb question, but, would it benefit us to stop the child support? Or if not, do you know if it is possible to say in the termination of rights papers that if he signs I will not make him pay the arrears he owes? Sorry for so many questions but we have been considering this for a long time. We really want this to happen. My fiance is the only daddy my boys have known, and he is an incredible father to them.

 

[tigger22472]

More then likely you aren't going to get the support dropped. Not only will the state most likely not let you but then when you turn around and file for the adoption it could look like fraud. As far as the arrearage goes, is there any money owed to the state? IF so you can't forgive that for one. For two if your looking for voluntary termination that could be used to make the deal sweeter for him.

 

[kittykat8581]

Thank you for being so kind and taking time to answer my questions. I am hoping that if I make it a little better for him that he will sign the papers. However, I'm not sure if there is any money owed to the state. My youngest son has been on Medical Assistance through the state due to some serious health problems and surgeries (about $50,000 in hospital bills alone). I don't know if he has to pay any of that or not. I only know what is owed to my son. Thanks again.

 

[stealth2]

I know we could do it now, however, we have decide to wait until after the wedding for finacial reasons.

This is actually incorrect, I think. It's not likely a court will allow what amounts to your boyfriend to adopt your kids. You DO have to be married.

 

[kittykat8581]

This is actually incorrect, I think. It's not likely a court will allow what amounts to your boyfriend to adopt your kids. You DO have to be married.

Actually, I spoke with a lawyer about 2 months ago who told me that he could have adopted back then. However, in PA if you are not married you have to go through a home study and a bunch of other "red tape" for it to be done.

 

[BelizeBreeze]

Under House Bill No. 654 Session of 1999 and introduced by KREBS, L. I. COHEN, BASTIAN, SAYLOR, YOUNGBLOOD, ROBINSON, MAHER, HARHART, ZUG, STEELMAN, HERSHEY, BELARDI, McCALL, GODSHALL, TIGUE, BATTISTO, SEYFERT, WILT AND TRELLO, MARCH 2, 1999, The requirement for marriage before adoption has been repealed.

The bill was signed into law 180 days after its passage and the relevant passage is below:

§ 2104. Who may adopt or be adopted.
Subject to this part, any individual may adopt or be adopted by another individual for the purpose of creating the relationship of parent and child between them.

The only issue where marriage plays a part in adoption is in the case of same-sex partners. Because PA. does not recognize same-sex marriages, it also does not allow same-sex adoptions.

In re Adoption of C.C.G. and In re Adoption of R.B.F. Superior Court Judge Correale Stevens authored the majority opinion in both. Judges James Cavanaugh, Zoran Popovich, Joseph Hudock, Kate Ford Elliott and Michael Eakin joined him.

"After a careful review, we conclude that the Adoption Act's clear and unambiguous provisions do not permit a non-spouse to adopt a child where the natural parents have not relinquished their respective parental rights, and, therefore, the act does not afford appellant J.C.G. a legally ascertainable interest, notwithstanding the equal protection clause," Stevens said in the opinion.

 

[kittykat8581]

Under House Bill No. 654 Session of 1999 and introduced by KREBS, L. I. COHEN, BASTIAN, SAYLOR, YOUNGBLOOD, ROBINSON, MAHER, HARHART, ZUG, STEELMAN, HERSHEY, BELARDI, McCALL, GODSHALL, TIGUE, BATTISTO, SEYFERT, WILT AND TRELLO, MARCH 2, 1999, The requirement for marriage before adoption has been repealed.

The bill was signed into law 180 days after its passage and the relevant passage is below:

§ 2104. Who may adopt or be adopted.
Subject to this part, any individual may adopt or be adopted by another individual for the purpose of creating the relationship of parent and child between them.

The only issue where marriage plays a part in adoption is in the case of same-sex partners. Because PA. does not recognize same-sex marriages, it also does not allow same-sex adoptions.

In re Adoption of C.C.G. and In re Adoption of R.B.F. Superior Court Judge Correale Stevens authored the majority opinion in both. Judges James Cavanaugh, Zoran Popovich, Joseph Hudock, Kate Ford Elliott and Michael Eakin joined him.

"After a careful review, we conclude that the Adoption Act's clear and unambiguous provisions do not permit a non-spouse to adopt a child where the natural parents have not relinquished their respective parental rights, and, therefore, the act does not afford appellant J.C.G. a legally ascertainable interest, notwithstanding the equal protection clause," Stevens said in the opinion.

Maybe the lawyer was wrong. However, it states in this law that a non-spouse can not adopt if the bio parent's rights were not relinquished. At that time we had grounds to terminate rights under abandonment laws, so bio father's rights could have been relinquished. Maybe that's why we were told that he could have adopted back then.

 

[tigger22472]

Actually, I spoke with a lawyer about 2 months ago who told me that he could have adopted back then. However, in PA if you are not married you have to go through a home study and a bunch of other "red tape" for it to be done.

Are you certain that a home study doesn't have to be done even if you are married? Here in Indiana they require it. Just trying to make sure you're prepared.

 

[kittykat8581]

Are you certain that a home study doesn't have to be done even if you are married? Here in Indiana they require it. Just trying to make sure you're prepared.

The lawyers exact words were "you may want to wait until you are married to avoid the neccessity of a home study." Based on that and other info I have gotten, I do not think they are required if you are married. Although I have done a little searching about them just in case.

 

[Seanscott]

"He pled guilty to abusing my oldest son"

Kittykat - that's the main piece of evidence I would use if you end up in court fighting biodad for the termination. A child-abuser, an ex-con, a parole violator, and a "man" who hasn't seen his children in years. If your fiancee can pass a background check, biodad doesn't have much of a chance to stop the termination.

In our case in Indiana, we went to court for a paternity hearing on a Tuesday, got married on Thursday, and met with a lawyer to start the adoption proceedings on Friday. So we were only married for one day when I filed for stepparent adoption. Our lawyer said the one year marriage law would probably be waived since we had lived together for 4 years. Actually, the one year provision was never even mentioned by the judge.

The stepparent adoption laws were written for situations exactly like yours. Biodad cannot defend his actions and will have a hard time trying to win this battle. Just from what you've said about him, I can't imagine he'd want to pay the legal fees, or take the time to fight you.

Good luck to you.

 

[dicianna]

in most states incaration periods are not considered to be abandoment. Your post confuses me a little. Do you have a legal custody/visitation arrangement. If so why haven't you been ordered to take the children to the jail for visitation? or has he just not pushed for his rights concerning visitation ? Don't get me wrong please because I personally think taking these children to visit Dad in jail is not a good thing, but most courts do not agree. If Dad wants to push for his rights, he can get alot more than he presently has. Just hope he doesn't want to push for his rights.