stepfather: how to adopt

[ab1]

What is the name of your state? Indiana

I am engaged to a woman with a 2 year old daughter. Our hope is that I will be able to adopt her as soon as possible. The bio-father lives in Florida, where the child was born, and is listed as father on the bc. Mom and child lived in FLA for 6 months with the father and left because the father showed no interest in raising the child. He has paid sporadic support, based on a written agreeement, in the amount of $350/month. It has been suggested to us that the amount of support should be closer to $900 per. Father has made no effort to see the child since they moved, has called only a couple of times in one year and sends a check, usually months late, written off of his fathers company. He also has another child that is not in his custody and pays the same amount in support (another agreement, not by the courts).

We are curently going through establishing paternity and getting the a legal mandate made on support. I would assume any impending judgment will not change his interest in seeing or knowing the child. He has shown no interest up to this point and it is seriously doubtful that he will be able to or willing to pay any new amount of support going forward. We just want him to sign over his rights so I can adopt her. My fiance asked him to sign over before she left (and before she met me) but he said that he wouldn't.

Does anyone have any advice on what I can expect in interstate matters such as this, what our options are, etc. What is the effect of him defaulting on any new support order.

Thanks so much,
ab1

 

[brisgirl825]

I am not quite clear on what exactly will constitute abandonment in IN, as they have failure to pay support and failure to maintain contact things that are NOT grounds for TPR.
However, once your g/f is able to get CS, it is possible that he may comply with her wishes in order to get out of the payment amount. If not, perhaps dad will do the right thing and get involved in the child's life. Who knows?

Perhaps Tigger could clarify IN statutes for you.
GL.

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-indiana/article/8494/1.html

 

[Seanscott]

I'm in Indiana and we successfully completed the stepparent adoption process about 3 years ago. The "father" originally contested the adoption, but he was not the kind of man to fight for his rights and eventually just quit showing up to the proceedings.
Three days after we were married, my wife & I were in an attorney's office. The attorney's first step was to file a petition to adopt which was served by a deputy sheriff to the biological father. In the petition it states that he has 30 days to respond. If he fails to respond the court assumes that he agrees to the adoption and his rights are permanently revoked.
The termination process & the stepparent adoption are two separate issues.
Good luck to you.

 

[tigger22472]

I'm in Indiana and we successfully completed the stepparent adoption process about 3 years ago. The "father" originally contested the adoption, but he was not the kind of man to fight for his rights and eventually just quit showing up to the proceedings.
Three days after we were married, my wife & I were in an attorney's office. The attorney's first step was to file a petition to adopt which was served by a deputy sheriff to the biological father. In the petition it states that he has 30 days to respond. If he fails to respond the court assumes that he agrees to the adoption and his rights are permanently revoked.
The termination process & the stepparent adoption are two separate issues.
Good luck to you.

To add to this.. although the TPR and SP adoption are separate issues they are done together at one time.

Also, although the letter sent to a bio tells them they have 30 days to contest or they lose their rights are true, they actually have one year after the date of the finalization to try to have it vacated.

The time periods it seems is 6 months for support and one year for communication (at least this is what was listed in the notice my ex received even though the times were much more)

The bio father would have to be served under I.C 31-19-4.5-3 and this is the letter in which both Seanscott and myself talked about concerning the 30 days.

I.C 31-19-9-8 states.

Consent to adoption not required

Sec. 8 (a) Consent to adoption, which may be required under section 1 of this chapter is not required from any of the following:

(1) a parent or parents if the child is adjudged to have been abandoned or deserted for at least six(6) months immediately preceding the date of the filing of the petition of adoption.

(2)A parent of a child in the custody of another person for a period of at least one year the parent:

(A) fails without justifiable cause to communicate significantly with the child when able to do so; or
(B)knowingly fails to provide for the care and support of the child when able to do so by law or judicial decree.

(3) The biological father of a child born out of wedlock whose paternity has not been established:
(A) by a court proceeding other than the adoption proceeding; or
(B) by executing a paternity affidavit under IC 16-37-2-2.1


There is more but it does sound like you first have to establish a CS order in order to even attempt to use the fact he's not providing support.

Generally the state would require one year marriage, however, a home study is required and the length of time together impacts it more than the length of the marriage.

Where are you located in Indiana?

 

[ab1]

Stepfather cont.

Thanks so much for your advice/input. The paternity/cs issues will be going through Johnson County, Indiana.

A few follow up questions as this process is completely new to me...

We are currently going through paternity proceedings, is this the necessary first step? Our attorney has advised that paternity first must be established nad then a cs order can be pursued. I assume this will also bring up the issue of visitation which, up to this point, the bio has had no interest in. Frankly, he has had no interest at all and I'm not sure any court order will change that. The goal is for me to adopt her at some point after our marriage but I am not sure what steps need to happen before I can pursue this. After paternity, cs, etc. is it simply necessary to send a letter stating our intent for me to adopt? Seanscott's reply seems to suggest that it is then up to him to stay engaged if he would like to fight this. I'm not sure he is the type to follow up much either.

I am a little confused as to what circumstances can lead to adpotion with or without consent. According to the info you provide, Tigger, it would seem to suggest that there are several factors which may or may not terminate his rights. Can you clarify for me?

 

[tigger22472]

We are currently going through paternity proceedings, is this the necessary first step? Our attorney has advised that paternity first must be established nad then a cs order can be pursued.

***Yes In order to TPR paternity must first be established


I assume this will also bring up the issue of visitation which, up to this point, the bio has had no interest in.

****If he doesn't file for visitation he won't have visitation. If he's never filed then he doesn't have those rights until they are filed for

. After paternity, cs, etc. is it simply necessary to send a letter stating our intent for me to adopt?

****This is just one of the reasons that it's VERY important to have a lawyer do it. Under Indiana Code (sorry not right in front of me) they must be notified in a certain way and according to the statute.

Seanscott's reply seems to suggest that it is then up to him to stay engaged if he would like to fight this. I'm not sure he is the type to follow up much either.

**** The letter will state that adoption has been filed and that he must file to contest if he wishes to do so. If he wishes to do so that's his legal right.

I am a little confused as to what circumstances can lead to adpotion with or without consent. According to the info you provide, Tigger, it would seem to suggest that there are several factors which may or may not terminate his rights. Can you clarify for me?

Go to google and first type in "Termination of Parental Rights Indiana" you should find the grounds there. They tell you when consent is needed and when it isn't. Do not confuse consent with notification. No matter what he is to be notified... whether or not his consent is needed or not is dependant on the TPR grounds.

Then google "Adoption statutes Indiana" and you willl find more codes.

 

[ab1]

Thanks Tigger...You probably aren't surprised at how confusing this can be to someone new. Thanks for simplifying...