What are his Rights?

[jkg0679]

What is the name of your state? Vermont

My daughter is five years old. She has not seen her biological father in four years and I have not heard from him in over one year. He hardley ever pays child support (when he does, it's a small amount and only happens once or twice a year, if that). After we split up, the judge ordered visits that were to be supervised by me. He has failed to set up and vistitation time with her.

I am now engaged to a guy who hopes to adopt her in the future. After speaking with a lawyer friend, he feels that won't be a prblem once we are married.

Tonight I found out that her bio father is wanting to see her (he called my dad to leave me the message). Do I have to let him see her? Do I stand a chance to terminate his rights at this point? I have read through the statutes on http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-vermont/article/8683/1.html but am not sure if I entirely understand them.

If tparental termination is not an option at this time, what might some of my other options be, if there any?

Thank you for your help.

 

[momofrose]

Do you have a legal custody agreement regarding visitation? If so you MUST follow it. He doesn't have to but you do.

You would have to ask the bio-father to sign away his rights to his daughter..being that he does pay child support (even a little) and has just called...there is contact so I do not believe you can claim abandonment -

I would ask the Bio-father if he would be willing to sign over his parental rights..that's the only way around this.

Good Lucl

 

[jkg0679]

Thank you for your advice. It is much appreciated. And yes, there is a court order for visitation dated 2001. It states that he can see her for 2 hours/week under my supervision.

 

[momofrose]

Don;t get yourself in trouble by not allowing him to see her. Return the call and set us a time that he can see her.

Then wait until you re married to even broach the subject of adoption by your new husband.

I wish you the very best!

D

 

[brisgirl825]

How much arrears are built up?

 

[jkg0679]

I just checked on the Child Support website and it is showing that he currently owes $5,181.64.

 

[momofrose]

I'm not sure that makes a difference regarding parental rights...

 

[brisgirl825]

I'm not sure that makes a difference regarding parental rights...

It doesn't but it sure gives mom leverage especially once interest is added.

OP, your state has some pretty strict guidelines plus you will have to be married for X amount of time, before your husband will be eligible to adopt. If the ex is wanting visits, you can't stop that and it will hinder your case for abandonment.
So my advise is to tell dad, when the time is right, ie after your husband is eligible to adopt, that he can TPR and you'll forgive his arrears. Parents have given up their children for a lot less than $5,000. As time goes on, the money will keep adding as well.
If he refuses, you have no option unless a lawyer there knows of some way to help you.

GL.

 

[jkg0679]

Does anyone know the length of time my fiance and I will have to be married for until he can adopt? Or is there a place to find this info online? Thank you.

 

[jkg0679]

OK, I found this but I am confused (i am not good with the legal lingo) http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=15A&Chapter=004&Section=00101

Is this saying that my daughter needs to reside with my fiance for at least 12 months, or that we have to be married for 12 months?

Thank you again for all of your help. I am obtaining advice from others as well (a cop, my boss who is a "higher-up" with our school system and works closely with our local law enforcment crews, and an attorny friend who resides out of our state). I also seeked the advice from a local lawyer this morning who said I might stand a good chance at this point to have his rights terminated, but the cost is aroung $15,000! {{{Gulp}}}...I want to get as much of my research done without incruing attorny fees now and decide if I feel I have a good case before I dish out that kind of money!

 

[brisgirl825]

Does anyone know the length of time my fiance and I will have to be married for until he can adopt? Or is there a place to find this info online? Thank you.

You should google using several different keywords ie termination of parental rights in Vermont, Step-parent adoption in Vermont, etc.
There are attys that offer free initial consultations and that would be your best bet. They will be able to give you the most accurate advice concerning your specific situation.

GL.

 

[brisgirl825]

OK, I found this but I am confused (i am not good with the legal lingo) http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=15A&Chapter=004&Section=00101

Is this saying that my daughter needs to reside with my fiance for at least 12 months, or that we have to be married for 12 months?

Thank you again for all of your help. I am obtaining advice from others as well (a cop, my boss who is a "higher-up" with our school system and works closely with our local law enforcment crews, and an attorny friend who resides out of our state). I also seeked the advice from a local lawyer this morning who said I might stand a good chance at this point to have his rights terminated, but the cost is aroung $15,000! {{{Gulp}}}...I want to get as much of my research done without incruing attorny fees now and decide if I feel I have a good case before I dish out that kind of money!

It says spouse, meaning you and step-parent, meaning your future husband.

Not only must you be married but you must live together for 1 year prior to filing. This ensures that the SP has a relationship with the child and knows what he/she is getting into.