What is the name of your state (only U.S. law)? GA
My husband of 8 years and I live in GA and my ex husband and father of my 2 oldest chilren (I have 3 with current husband), lives in VA. We have a court order giving both of us joint legal custody and me sole physical custody. It also spells out visitation and child support. He hasn't had contact (in person, by phone or mail), since Dec. 2006 and the children haven't recv'd any child support since March 2007. The last time I heard from him was in July 2007 when he was supposed to come down to pick them up for a week visit during summer break. Their bags were packed and he never showed up. That's the last I've heard from him. My husband has been there for them since they were 3 and 4.5. and wants to adopt them. They know about their biofather but consider my husband their father. I've read so much about step parent adoptions and have even consulted with 2 different attys. in our area. One said that yes, we did have grounds for termination of parental rights and could go ahead with the paperwork. The other said the only way for step parent adoption to take place is if ex voluntarily relenquished his rights and that my only option was to take him to court for contempt and non payment of child support. I know what the statues say as far as grounds for terminating rights, but I've also read that not paying and not having contact is not something a judge would terminate a parent's rights for. I would really like some advice b/c I don't know whether to go ahead with it or not. My husband is active duty army, so it is very important to us both that we know they children will be taken care of. There are lots of things they would be entitled to with him being a servicemember, but only if they are natural or adopted children.
My husband of 8 years and I live in GA and my ex husband and father of my 2 oldest chilren (I have 3 with current husband), lives in VA. We have a court order giving both of us joint legal custody and me sole physical custody. It also spells out visitation and child support. He hasn't had contact (in person, by phone or mail), since Dec. 2006 and the children haven't recv'd any child support since March 2007. The last time I heard from him was in July 2007 when he was supposed to come down to pick them up for a week visit during summer break. Their bags were packed and he never showed up. That's the last I've heard from him. My husband has been there for them since they were 3 and 4.5. and wants to adopt them. They know about their biofather but consider my husband their father. I've read so much about step parent adoptions and have even consulted with 2 different attys. in our area. One said that yes, we did have grounds for termination of parental rights and could go ahead with the paperwork. The other said the only way for step parent adoption to take place is if ex voluntarily relenquished his rights and that my only option was to take him to court for contempt and non payment of child support. I know what the statues say as far as grounds for terminating rights, but I've also read that not paying and not having contact is not something a judge would terminate a parent's rights for. I would really like some advice b/c I don't know whether to go ahead with it or not. My husband is active duty army, so it is very important to us both that we know they children will be taken care of. There are lots of things they would be entitled to with him being a servicemember, but only if they are natural or adopted children.