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overseas military

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overseas2004

Guest
washington state

is their any way that my husband can adopt my child without having to be in the usa? we wont be back for awhile and want to know if their is anything that we can do here through jag or otherwise. we are military and stationed at a military post. can we have the home visit(s) waived since we have been living together as a family for 3 1/2 years and child has had no contact with bio father? what other requirements for adoption do you think we will run into by being stationed overseas?
 


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hexeliebe

Guest
Very doubtful since each state has differing requirements for adoption.

Also, have you even considered that the bio-father must be notified and his rights would be terminiated before the adoption can begin?

How do you propose to do that from overseas?
 
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overseas2004

Guest
i have sole legal and physical custody of the child. child support and back pay were determined. these were determined by a court in new mexico. i have these rights by default, he did not show up to court even though notified. i have a last know address that i could send papers to when needed. i dont know if that is still his address. oh, he hasn't paid a penny, or attempted in any way to contact his child.
 
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hexeliebe

Guest
Which means that first you will have to go through a termination of parental rights hearing and only when the court (in NM) grants the termination will your husband be able to begin adoption proceedings.

Now, how long has it been since the court order for support?
 
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hexeliebe

Guest
Then the only grounds you'll have for terminating his parental rights are extreme disinterest as listed below.

Statute: §§ 32A-4-28(B)-(E); 32A-4-2(C),(D); 32A-4-29(K)
Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest

Abuse/Neglect
Failure of Reasonable Efforts
Abuse/Neglect or Loss of Rights of Another Child
Sexual Abuse
Child's Best Interest
Child in care 15 of 22 months (or less)
Felony assault of child or sibling
Murder/Manslaughter of sibling child


however, again, you'll have to do this through New Mexico courts.
 
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overseas2004

Guest
thank you:D


whats the first step in terminating his parental rights?
 
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hexeliebe

Guest
You need to file a petition for Termination of Parental Rights.

And, since you are overseas, you need the help of a NM attorney. Visit the JAG and ask them if they can at least help with the paperwork.
 
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overseas2004

Guest
you may never know how priceless your info has been to me:D

thank you,
a military wife:)
 

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