Saw the lawyer today

What is the name of your state? Indiana

Not that I'm one to question a lawyer.. yeah right .. but I want to verify what my lawyer told me today.

I saw a lawyer today about a TPR and step-parent adoption. In the state of Indiana it can be done after one year no contact, no support and as long as a step parent is willing to adopt and they have been married for a year or more. We qualify for all the above.

The lawyer informed me that we don't have to send out notification since I can prove there's been no contact in over 2 years. What she said was that the papers will be filed and that the home study will be done. Then when we go to court SOME judges order for notification but most don't when there has been this long of time. I want to make sure this is true because I dont' want there to be a loophole later. I mean if I'm within the law that's fine but I thought at least a newspaper notification had to be done.

You're looking for Ind.Code 31-35-2-6.5(b) (2000) (at least 10 days' notice)

HUH? I'm having a retard moment Hex Are you saying the law requires I give 10 days notice before the hearing? If this is the case I wonder why the lawyer said it's not required once we meet the other requirements.

What she was probably saying is that some judges will require notification and other not. But that if notification is required by YOUR judge, then you'll have to follow the statute.

It looks like she's telling you to let the judge decide. But ask her about the statute. It may or may not apply in your situation.

Thanks Hex.

As you know I've been here.. what? almost 3 years and I've kept an eye on all the TPR issues and have tried researching so I went to the office today prepared to have to put an ad in a newspaper in the city I believe BF lives in. Her telling me I didn't HAVE to threw me off. And Yes she said it's basically at the judges discresion and that they let them decide, I'm figuring because she told us since it's not REQUIRED she doesn't suggest you do it because it can be another 150$ added on. I'm debating myself as to if I want it put in the paper though... just to be on the safe side.

I would but that's just me. I have a big readend that I like covered (except when I get frisky). But that's a call you have to make. I'd let it play out and see what happens.

Worst case scenario is the judge will ask if notice has been given, you will answer no and the hearing will be postponed until legal notice can be fulfilled.