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Lawyer Required?????????

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momofthreeinKY

Guest
What is the name of your state? kentucky i am wondering if a lawyer is required by law for termination of parental rights/stepparent adoption in ky or if i can do it myself. thank you for any help
 


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hexeliebe

Guest
Sure you can do it yourself.

Now quick, tell me what citation will you use when your long lost ex shows up and says he doesn't want to voluntarily terminate his rights?
 

stealth2

Under the Radar Member
Sure, but in all honesty if there is ONE situation that begs for attorney involvement it's adoption. I don't care who's adopting who or why (unless both parties are adults in which case it's silly IMO anyway). There are so many things that could get missed and bess up the whole thing in years to come. The money for an attorney is well spent for the peace of mind. This is NOT a time to be cheap.
 

tigger22472

Senior Member
I'm going to stick with stealth on this one.
Here's some things to keep in mind..

1.Do you know the requirements of your state that will allow involuntary TPR?

All states are different.. mine is one year no contact AND no support.

2.Do you know where the birth parent is?


3.Do you know how make sure proper notice is given to the birth parent?

Again, states are different... some require that you simply send something to the last known address and some require you post an ad in the newspaper of the last known area of parent.


4.If you do know where BP is and you were to ask them for TPR(if you believe it to be unvoluntary) are you prepared to express the LEGAL aspects of the reasoning for the adoption without expressing emotion?

This is a VERY important question to ask yourself. I myself am going for TPR soon. I considered writing the ex at the last known address or his mothers house seeing if he would relent. I sat down and wrote the letter.... after reading it I saw WAY too much emotion in it expressing how much I wanted this done. My ex is the type that would fight it SIMPLY because he knew I wanted it so badly. A lawyer won't have emotion in it.

Again as Stealth said this is something you dont' want to be cheap on.. you want to put those ducks in a row. The lawyer will also be able to help you with all the other things you need done afterwards such as the birth certificate and SS card changes.
 
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momofthreeinKY

Guest
reply to lawyer required

I have looked up everything and been spending the past four months looking in the library and on the internet for all of the information that I need I know all the statutes and all statutes pertaining to adoption. I have a folder full of case law and documents that I have found. I also know where he is and have asked him to do it voluntarily and he says no just becasue he can. He hasnt seen my son in almost two years and has paid a total of two hundred dollars in seven years. My sons last name is already changed and to get a new birth ceritficate and SS card you just have to send in copies of all court documents. I just wanted to know if I had to have a lawyer by law. From what I have seen and read I dont but I want to make sure. I am not stupid and I am not cheap but I have four kids and would rather make sure they have food and clothes than spend it all on a lawyer if I can do it myself. I have been remarried for two years to someone I have known for twelve.
 
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hexeliebe

Guest
I have looked up everything and been spending the past four months looking in the library and on the internet for all of the information that I need I know all the statutes and all statutes pertaining to adoption.
O.K. then it won't be any problem for you to cite the statute that you will use to support your claim for involuntary termination.

Oh, an by the way, when was the last support payment?
 

haiku

Senior Member
I was able to do an adoption without a lawyer because it was agreed to. I did consult a lawyer before hand, and that was worth its price in gold to get the information I needed. and I got all the legal papers in hand from the father before I filed.

in my state it was a very easy cheap process, to do something so heartrending, yet happy, all at the same time. and even when it is done, it does NOT erase your past.


It is NOT an easy, cheap, process to take the rights of a parent away, who WANTS to keep them. Your ex has the right to keep them, until you prove otherwise. Do you really want to be alone in the courtroom when he shows up to dispute you? he will likely walk out with his rights still intact.

you should at LEAST be laying out what you already have on the table before a family lawyer, before you do anything else. you can at least afford to pay a consultation charge.
 

cookie57

Member
Before you rule out a lawyer, try contacting as many in your area as possible. The prices ranged as much as the experience does. I didn't find it to be as expensive as I once thought it would be. I also found it cheaper to find a lawyer that is located close to the court house. Some lawyers will charge you to travel. I spent a lot of time interviewing lawyers over the phone and in person. I never had to pay a consultation fee. I made sure of that up front. In the end, I found a great lawyer with a lot of experience and the price is right in the middle. It is worth paying a little more for someone who knows what they are doing. I haven't been successful dealing with my ex in the last two years. I certainly don't want to start doing it now, on my own!!

Oh, some lawyers I talked to were willing to take payments. You just have to ask. Of course, in order to get a rough idea of what you will be paying, bring in every single document that will help your lawyer. I did, and I was able to get a good idea of what we were looking at as far as the cost. If things go smooth, then it is a flat rate. If other things come up, then of course it will cost more. That is why it is very important to tell your lawyer everything up front.
 

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