Kansas step parent adoption - CINC

[LeemonGator]

What is the name of your state (only U.S. law)? Kansas City, KS

I am mom. Attempting a step parent adoption against dads consent. My lawyer has already filed the case here locally. He filed it under child in need of care, is anyone familiar with this? My husband is willing to adopt, but it appears that my lawyer is going to terminate the rights and try for the adoption immediately after I suppose.

Dad does pay child support, so I am very skeptical of our chances at success. My lawyer seems very confident. Our basis for child in need of care is extreme emotional abandonement and failure to secure health insurance. At the last child support hearing (2 years ago) the judge asked dad to secure health insurance for child and he failed to do so.

Child is 7 years old, has seen dad 1-2 times but has had no contact (phone, gift, in person or otherwise) for the last 5 years at least. The 2-4 times were incidental through the grandparents. I still communicate with the paternal grandparents and they see him as they wish. That said, they told me they are not happy about what I have filed and will be contesting it. I assume that means they will drag their son to court and pay for his expenses, etc to fight this case.

I read Kansas is a family oriented state, which might make it one of the few states where a case like mine has a chance. I am very worried because I feel like I may have stirred the pot and if I lose, dad will seek visitation that probably wouldn't have otherwise.

I grew tired of worrying what would happen to my son if I passed away suddenly.

 

[milspecgirl]

if dad has been paying child support in any way then I doubt they are going to get by with any kind of abandonment/neglect. Grandparents are probably going to file a motion to intervene and ask for gp visitation rights. If they have a relationship with the child and it can be proven that breaking that relationship will harm the child, they may win.

contested step parent adoptions are very difficult. chances are a judge is going to give him a chance to be a part of his child's life before they terminate. most likely he will have a graduated visitation schedule beginning with supervised in your area and progressively advancing provided he does what he is supposed to do. you will have check in's with the guardian ad litem (ask for one) and the court who will determine if he is serious about being a parent.

 

[LeemonGator]

So you are familar with the Kansas statutes?

That seems completely at odds with what the attorney is telling me.

 

[Isis1]

So you are familar with the Kansas statutes?

That seems completely at odds with what the attorney is telling me.

It is quite possible the attorney knows something we don't. Like the climate of the court. Which is always a really good indicator. With an adoption, always go with the attorney.

 

[LeemonGator]

Sounds good.

One more question, probably in wrong forum.

Does anyone know of a way to dictate what would happen to my child if something happened to me, legally, other that what I'm trying to do?

You can't just "will" a child to someone, can you?

 

[Isis1]

Sounds good.

One more question, probably in wrong forum.

Does anyone know of a way to dictate what would happen to my child if something happened to me, legally, other that what I'm trying to do?

You can't just "will" a child to someone, can you?

Sorry, hon. Former President Lincoln took care of the slavery issue and the whole people not being property years ago.

 

[LeemonGator]

So in my case, my child would go to the state?

 

[WittyUserName]

If Dad's rights are not terminated, then he's first in line.

 

[LeemonGator]

Ok. So a child support order alone would be enough for the child to go do dad? Meaning there is no custody or visitation order, and he is not on birth certificate.

 

[Just Blue]

Ok. So a child support order alone would be enough for the child to go do dad? Meaning there is no custody or visitation order, and he is not on birth certificate.

No. The FACT that the FATHER has PARENTAL RIGHTS would mean that child goes to dad.
That DAD is LEGALLY established as the father, negates the FACT that you NEGLECTED to contact Vital Statistic's to make sure his name was placed on your (plural) child's B.C.

 

[milspecgirl]

no, I am not familiar with Kansas. However, I have seen a lot of cases and I'm afraid your atty may be making it sound easier than it will be. I honestly dont think a judge is going to terminate parental rights without giving that parent EVERY opportunity to exercise those rights. Taking away someone's constitutional right to parent their child is a BIG deal.

The fact that you have a child support order means that somewhere along the line dad was legally declared dad. custody, visitation, and the birth certificate mean nothing in that respect.

 

[dannyt]

What is the name of your state (only U.S. law)? Kansas City, KS

I am mom. Attempting a step parent adoption against dads consent. My lawyer has already filed the case here locally. He filed it under child in need of care, is anyone familiar with this? My husband is willing to adopt, but it appears that my lawyer is going to terminate the rights and try for the adoption immediately after I suppose.

Dad does pay child support, so I am very skeptical of our chances at success. My lawyer seems very confident. Our basis for child in need of care is extreme emotional abandonement and failure to secure health insurance. At the last child support hearing (2 years ago) the judge asked dad to secure health insurance for child and he failed to do so.

Child is 7 years old, has seen dad 1-2 times but has had no contact (phone, gift, in person or otherwise) for the last 5 years at least. The 2-4 times were incidental through the grandparents. I still communicate with the paternal grandparents and they see him as they wish. That said, they told me they are not happy about what I have filed and will be contesting it. I assume that means they will drag their son to court and pay for his expenses, etc to fight this case.

I read Kansas is a family oriented state, which might make it one of the few states where a case like mine has a chance. I am very worried because I feel like I may have stirred the pot and if I lose, dad will seek visitation that probably wouldn't have otherwise.

I grew tired of worrying what would happen to my son if I passed away suddenly.

a stepparent adoption against dad's wishes just aint gonna happen. you cannot force him to give up his rights so your husband can adopt. it just doesnt work that way. in most cases, child support IS considered contact so you cant claim abandonment. your husband has absolutely NO RIGHTS to your son at all, if you were to die, dad gets custody. and it would be up to him wether or not to allow stepdad any contact.

 

[milspecgirl]

a stepparent adoption against dad's wishes just aint gonna happen. you cannot force him to give up his rights so your husband can adopt. it just doesnt work that way. in most cases, child support IS considered contact so you cant claim abandonment. your husband has absolutely NO RIGHTS to your son at all, if you were to die, dad gets custody. and it would be up to him wether or not to allow stepdad any contact.

please do not state facts like that. You do NOT KNOW it won't happen. In my case rights WERE terminated even though biomom kicked and screamed and contested the whole way. It took 2 years and finally the judge just gave up that she was ever going to do right by the child. So, you DO NOT know that it isn't going to happen. Also, it's possible some states do not count child support towards abandonment rules. She is filing EMOTIONAL abandonment which apparently her state allows.

 

[LeemonGator]

Appreciate the responses, even the caps lock yelling about neglecting to put dad on the B.C. Heaven forbid a transgression like that!

My attorney basically explained that if we filed under K.S.A. 59-2136 then the recent court climate is to set up a two ledger system, financial support is one ledger and emotional on the other. Under K.S.A. 59-2136 we'd have to prove that dad has failed at both. He has paid roughly 61% of his child support, so clearly we can't proceed under that statute.

However, K.S.A. 38-1581 is a a child in need of care statute and allows for extreme emotional abandonment as a sole factor in terminating parental rights. Thats what we are proceeding under.

I guess I would just have to hope, like you said, that my attorney knows something that everyone else doesn't about current court climate. The only thing I really understand is that dads right to parent is protected by the constitution.

 

[Just Blue]

Appreciate the responses, even the caps lock yelling about neglecting to put dad on the B.C. Heaven forbid a transgression like that!


.

If I were "yelling" all of my post would have been in caps. Some words were capped to emphasize a point.

And yes. God forbid a parent try her damnedest to facilitate a relationship with the other parent.

That you don't seem to want Dad for more than his $$ says a lot about you. Good luck with that. At some point the child will know what you did or DIDN'T do to make sure s/he had a chance to know his/her Father.