step parent adoption - idiot natural father

What is the name of your state? Minnesota

My sister is the mom of an eight year old. His natural father (they were never married) is not listed on the birth certificate and refuses to sign a TPR because he says that it would mean admitting that he is the father. His family accepts my nephew as part of their family and when the idiot's father died, my nephew was named in the will.

My sister is now married to a great guy who is the only father that my nephew has ever known. He really wants to adopt my nephew. How should they proceed?

Your sister had sex with the idiot to produce a baby so what does that make her?

[I AM ALWAYS LIABLE]

Originally posted by krispenstpeter
Your sister had sex with the idiot to produce a baby so what does that make her?

My response:

Slut, tramp, skank, etc. Any other adjectives?
I guess she likes cream pie.

IAAL

[tigger22472]

Originally posted by gnbhull
What is the name of your state? Minnesota

My sister is the mom of an eight year old. His natural father (they were never married) is not listed on the birth certificate and refuses to sign a TPR because he says that it would mean admitting that he is the father. His family accepts my nephew as part of their family and when the idiot's father died, my nephew was named in the will.

My sister is now married to a great guy who is the only father that my nephew has ever known. He really wants to adopt my nephew. How should they proceed?

Well, hum... ultimately the person that decides an adoption can happen is the judge but I'm not sure how this would go. Does the father pay child support? Have your sister speak to a family law attorney... what they will do is send notification to father and if he contests he has to file for it in court, at least that is how my step-parent adoption case is going. If he doesn't contest then it's up to the recommendation of the welfare department and the judge. However, the consult of the lawyer would really be helpful for it's a sticky situation as the father's parents have acknowledged him.

It makes my sister gullible. She fell for his line of bull****, okay. And before you come up with the typical line, no they do not live in a trailer.

No, he has not paid a penny of support, nor has he in any way admitted paternity. I doubt that he would challenge an adoption, but I was trying to see if he had any rights here at all.

[HomeGuru]

[quote]Originally posted by gnbhull
And before you come up with the typical line, no they do not live in a trailer.

**A: ok, thanks for the heads up.

[I AM ALWAYS LIABLE]

[quote]Originally posted by gnbhull


It makes my sister gullible. She fell for his line of bull****, okay.

=======================================

My response:

Says you. You're biased.

Unbiased, disinterested persons, would still say she's a slut, tramp, skank, etc. who likes cream pie.

IAAL

[Seanscott]

You have to understand that IAAL never had sex outside of marriage. Sex with a partner that is. A living, breathing human partner.

[I AM ALWAYS LIABLE]

Originally posted by Seanscott
You have to understand that IAAL never had sex outside of marriage. Sex with a partner that is. A living, breathing human partner.

My response:

Besides my blow-up dolls, of course I did! I had plenty of sex with women like our writer's sister - - who were sluts, tramps, skanks, etc. who liked cream pies. And, like our writer's sister, they were no one you'd want to introduce to Mom.

IAAL

IAAL-
I don't know if you think you are being funny or trying to make me mad, but whatever. I don't feed trolls.

tigger22472 - thanks for the only legal advice I got in this thread.

[djohnson]

Paternity will have to be established before you can TPR. She would be better off seeing an attorney and filing for the adoption with her husband. If he is court ordered he would have no choice but to submit to testing in order to prove paternity. Once paternity is proven is he willing to TPR or will he contest it? Why has she not gotten custody and child support issues straight before now?

She's asked him several times over the past few years to sign a TPR and he refuses because he doesn't want to admit paternity. She doesn't want child support from him, never has. Obviously, the adoption would be significantly easier and less expensive with his consent and why should she spend extra money that she could use to take care of her family because of this guy?

[Seanscott]

Have your friend name him as the biological father and file for child support. Then he will have to start acting responsibly very quickly.

He cannot just sign away his parental rights. That's just too easy. She can ask the court to order him to take a paternity test. If it proves he's the father, then he pays for the test.

Obviously he will not do anything to help with the adoption process. Currently, he has no reason to cooperate. He doesn't have to accept resposibility for the child, he doesn't have to pay support, he doesn't have to visit or pay medical bills. He doesn't care if the child is adopted or not. Force him to do so in the courts.

I'll bet the rent money he'll consent to the adoption!

Seanscott
I would love it if she would just go ahead and do as you suggest. I think she's afraid that it could be interpreted as blackmail. I still don't understand why he won't sign off since it completely takes away any risk that my sister could go after child support in the future. Then again, he's an idiot.

[Seanscott]

She owes him absolutely nothing - not even the decency to be kind. If he wants to call it blackmail - then let him.

He has had it his way too long. This will all have to go through the courts eventually, one way or another. She may as well start it now, there's really no other way.

She has the upper hand in this situation, but she has to demand her rights. The child is better off with her & the husband, the biological father has had years to exercise his rights and refused to do so. She has to play hardball with him.

Take it from one who's been there!

He can accept paternity, consent to the adoption, and still not have to pay any child support. If he wants to be a pr!ck about it, she can certainly make it difficult (expensive) for him.

She is going to have to initiate the proceedings - with or without his consent.