Seanscott.....

What is the name of your state? Indiana

Hi.. I haven't been here for a while so I need a bit of refresher course on Indiana law regarding step-parent adoption. I know that no support-no contact for one year and it can be done without consent... question is does income tax return count as that? I haven't even received that but just thought I'd check if by chance it counted.

tigger, sorry to hijack, but I wanted to say hi and was hoping things were going well for you all! email if you have time [email protected] I would love to hear from you!

Hi Tigger - I'm not a lawyer, but have had to do a LOT of research as a stepfather struggling through our courts. So the following is only my opinion. Dorene gets on this forum often and she has helped me quite a bit. She is very sharp and actually got me started on our adoption case.

From what I understand, the tax return is taken by the state and then paid to the parent for the past child support. I don't see how this can qualify as "support or contact" when it has been forced upon the parent who is not willing to show any interest in the child.

Although abandonment and no support-no contact are the main reasons for termination of parental rights, there are others that apply to an absent parent -

1. Extreme parental disinterest

2. Failure of reasonable efforts

3. Child's best interests

Even if a court would rule that the tax return counts as support, it doesn't count as visitation, and certainly doesn't alter where the child's best interests lie.

I hope I've helped a little. If you are trying to get an involuntary termination of parental rights, and the parent has had no contact in a year, you still have a good chance.

Best of luck to you.

Seanscott

Thanks for the compliments, Seanscott. The check is in the mail to you. ;-)

His advice is on target, Tigger22472.

Sounds like you have a good stepparent adoption scenario.

Thanks Guys... I thought I was on target about it but just wanted to verify. I might not even do this for a few years yet just trying to get all my ducks in a row. I think when it does come down to it bio-dad won't fight it just on the point that if he knows about it and fights it he knows that CSE can get him and as sad as it sounds he'd rather have nothing to do with his children and let someone else do it then to have to pay support.

ryry's mom, Please do not apologize for posting.. I will try to e-mail you when I get the chance. Been a bit busy... but OH YEAH... instead of getting married in Dec. we decided to do it last Tues.... Bedhead and all... I'll write and tell you about it later... tell Grace and everyone I said hi and I will try to come back soon.

CONGRATULATIONS!!!