Stepparent adoption in Indiana

[mint5jf]

What is the name of your state? Indiana

I am planning on getting marred in May 2002. We have been living together for six years.
I have two children from an unwed partner. My kids are 8 and 10.

There biological father has never wanted anything to do with them.

He has established paternity when they were born by the courts. He is on their birth. certificates and they carry his last name. He is court ordered to pay support. Which is taken out of is paychecks. He was granted visitations 4 years ago by court and has abandoned the kids for 2 years this October. He has come in no contact what so ever. BUT we do receive his support payments.

Now, My fiance wants to adopt them. They refer to him as "dad" and would rather it be that way. Their bio dad was agressive, and not responsible.

Can I tell the court I do not wish to receive his support money anymore.
What can we do to get the stepparent adoption.
If we ask for the bio dads permission, he will refuse inspite of hurting me. That is the only reason for visitations and the state takes the money out of his checks or he would not pay that either.
We have not seen or heard from him for 2 years and 2 months. He does know where we live, my parents live and my parents phone number. He could contact us if he really wanted to. But I like it this way.
mint

 

[Seanscott]

As soon as you are married, have you husband file a petition to adopt with your consent. Your ex will receive copies of the petition and have 30 days to contest the adoption. If he doesn't answer, his consent to the adoption is implied.

The courts like for a couple to be married for one year before the filing, but that rule can be waived. Since you've lived together for an extended time, and the kids call him "Dad", you have some things in your favor. The whole process may take a year anyway, so you might as well file right after your marriage.

My wife & I lived together for 4 years, got married on a Tuesday and were in the attorney's office on Friday. Our stepparent adoption took about 9 1/2 months.

The parental rights of your ex must be terminated before any adoption can take place. Therefore, he must be notified of the adoption petition.

Telling the judge that you do not want the support money will have no bearing on the adoption proceedings. Actually, I would keep taking the support and let the ex know he won't have to pay anymore if the adoption is approved.

If he wants to contest the adoption, he will have to explain to the court why he never visited or contacted the children.

The court will do whatever is in the best interest of the children. Remember that! You have a battle ahead of you, but the odds are heavily in your favor.

Good luck!