Step parent adoption dad not notified?

[hexeliebe]

Tig, my answer to the poster was based on the lack of information given. Of course, although custody/support/visitation and TPR and not necessarily related as we all know, the fact that one court has issued an order for support is, on the face of it, cause to assume that the court holds jurisdiction.

If support has been cancelled, as in this case, there is a reason. That's why I told the posters to make sure they find out why. If it's because jurisdiction has been moved, they need to act accordingly.

In your case, because the court has issued a support order in a jurisdiction a few hours away I would have to first ask is this in the same state? If so, you are still a resident of that state and can file where you live. HOWEVER, please do consult a local attorney. Some jurisdictions are rather territorial.

And no, it doesn't matter that the Bio-parent can't be found. What does matter is HOW LONG you have searched and what measures you have taken. In most jurisdictions, (covering my a$$ here) one-year of no support is the same as no contact and a TPR can be initiated.

An attorney in your area would be able to give you specifics on the requirements needed.

 

[tigger22472]

Thanks hex (and again I apologize for 'hijacking')
Yes my orders are in the same state as I and the children live in. And yes I do qualify for TPR in my state. We're a 1 year no contact and no support state and we are WAY past that. By the time I file in the spring and it goes through in the summer it will be 3 years. I intend on talking to a local attorney here. I have dealt with CSE from the original county for 4 years and yet I haven't lived there for 3.5. I can't get jurisdiction changed as although absent parent can't be found it is assumed he still lives in the ordering county. Heck I cant' even get criminal charges filed because I don't live there.. but no other county will take the case. Anyways.. thanks for your answer and yeah I will definately talk to the attorney, was just looking for a heads up.

 

[texasmomlost]

Okay DH finally got ahold of child support, they are so f'ing stupid! They say the CP requested support case be closed, so he asked if he still owed support and they said, "No, you should have gotten a letter stating support ceases". DH got that letter and today is supposedly getting a support refund in the mail. DH also asked them why support was stopped and they just said CP gave them information in order to allow them to close the case.


So DH also called PA courts, there is an official order stopping support. Nobody knows or will say WHY support is being stopped. I did not think a CP could just stop support altogether?

HE asked them about jurisdiction they say CT was given jurisdiction over 6 months ago. SO DH is really confused! Penn. says they were in charge of support, but CT took over any visitation/custody cases. He is going to give a call to the courts where we think CP is living at, not sure what else to do.

DH is not worried about his child being adopted by step dad, he has given up, but he wants to make sure it was done right and he does not owe any support!

 

[hexeliebe]

And there we have the answers.

Now, for everyone watching this thread please realize, YOU have to do some of the work. Although I can't say as I would have helped if I'd know a voluntary TPR was in the works (and it's just personal feelings, not legal) at least this illustrates WHY you need to do some homework before coming here.

We can't see the documents, talk with the court officials or read minds.

Good luck and I hope things work out.

 

[texasmomlost]

And there we have the answers.

Now, for everyone watching this thread please realize, YOU have to do some of the work. Although I can't say as I would have helped if I'd know a voluntary TPR was in the works (and it's just personal feelings, not legal) at least this illustrates WHY you need to do some homework before coming here.

We can't see the documents, talk with the court officials or read minds.

Good luck and I hope things work out.

Um hexeliebe, we still do not know if an adoption occured. Sorry I seem to have wasted your time because of this "voluntary" TPR. After being denied a child for 5 years, you don't know what else to do. If an adoption has not occured it is not like my DH will just voluntarily relinquish. If it has occured he would like to know.

I guess we will have to seek help elsewhere. Thanks for the PA stuff.

 

[hexeliebe]

I didn't say I would refuse to continue helping you. I do, however, have VERY strong feelings (personal) about TPR and father's who give up. Yes, even after 5 years.

Instead of letting this woman wear him down he should have been putting her ass in jail. But that's between you and him.

Now what you need to do is call the PA courts back and ask in which court the jurisdiction request came. If they won't give you that information over the phone, ask them for a case number where jurisdiction was transferred to CT and then write a Certified RRR letter to the court requesting a copy of the court file. (yes, there is a fee).

From there you will be able to learn where, in CT. the case has been transferred.

 

[texasmomlost]

I didn't say I would refuse to continue helping you. I do, however, have VERY strong feelings (personal) about TPR and father's who give up. Yes, even after 5 years.

Instead of letting this woman wear him down he should have been putting her ass in jail. But that's between you and him.

Now what you need to do is call the PA courts back and ask in which court the jurisdiction request came. If they won't give you that information over the phone, ask them for a case number where jurisdiction was transferred to CT and then write a Certified RRR letter to the court requesting a copy of the court file. (yes, there is a fee).

From there you will be able to learn where, in CT. the case has been transferred.

Will do the CRRR if they won't disclose information.
I respect your opinions on TPR, but want to say it is not always easy to get a mom put in jail as I am sure many will agree. Not picking on mom's or female gender, just stating that after hundred's of court trips it gets wearing. We know that step dad is a good person if he is to adopt DH's daughter has a great father at home.

 

[tigger22472]

Will do the CRRR if they won't disclose information.
I respect your opinions on TPR, but want to say it is not always easy to get a mom put in jail as I am sure many will agree. Not picking on mom's or female gender, just stating that after hundred's of court trips it gets wearing. We know that step dad is a good person if he is to adopt DH's daughter has a great father at home.

It's hard to get anyone in jail when it comes to family law. I have a county whose first refusal to file criminal charges for non payment of CS was that "it's a long process that changes the goal from payment to punishment" and although I agree you can't get money from someone in jail I think that's where they belong when they RUN.

These are situations that always suck... wether it be a NCP that doesn't have anything to do with the children despite the CP trying to enforce a good relationship or a CP that pushes the NCP so far away or makes it so difficult they can't win.

 

[LJLaw]

When my ex's exwife moved to Forida where their divorce took place and custody.. he went there. When she then moved from Florida to New York, he went to New York. When she moved back to Florida he went to Florida. When I got divorced in Florida, and moved to CT. we went to a CT court for the adoption...I think the experience we have shows "US" (only us) that the state the Mother lives in has jurisdiction, This is ALL I ever implied, I never gave anyone advise that implied I was giving legal advise. I believe I stated this....When we did the adoption we used Ct court and the Father lived in Florida where the divorce was finalized and custody was arranged. I didn't go by ego, perhaps your's needs checking? Are YOU a lawyer? I NEVER gave legal advise, read again..I didn't answer every post..
This had nothing to do about acting or being a lawyer, or ego. As I wrote, if you read it, I was stating my own opinion, and said so, kindly!! I believe I said this. And with this...I'm out of here, atmosphire is too hostile and still as uninformative as before. Good luck all..

 

[hexeliebe]

I think the experience we have shows "US" (only us) that the state the Mother lives in has jurisdiction,

And this is the problem. You are misguided and accepting experience for the letter of the law.

The state the Mother lives in has nothing to do with jurisdiction. And although I don't think you'll actually learn anything, I'll try to tell you again. Jurisdiction is vested in the court where the original order is issued. Where a custodial parent lives has nothing to do with it.

The only way jurisdiction can follow the mother is if she lives long enough in a different state to establish residency then files to 'Domesticate' the order, thereby moving jurisdiction to her current state of residence.

Now, if you want to get into a pissing contest then I'll play. If you want to blast people on here for requiring of you the same thing they require of themselves, then blast away. But when you give "FALSE" information you are going to be called on it. PERIOD.

Anytime someone gives false or misleading information not based on law it takes others here who know the answers days to undo the damage. And sometimes it's not caught.

So leave if you want. But that's your choice.

 

[LJLaw]

Don't write me any more. Your fowl mouth isn't helpful, necessary and is a waste of my time, get a life, get therapy or something, but get off my back!! I do not care what your opinion of me is. I stand by what I said.,,which by the way was correct. Is that what got you going? Your antipathy is clear. I have no desire to listen to your bitterness.

 

[hexeliebe]

I will write you and expose your ignorance any damn time I want. Now, if you have the cajones to back up what you said, and let me refresh you

...I think the experience we have shows "US" (only us) that the state the Mother lives in has jurisdiction

, cite one statute, law or legal opinion from a court where this statement is true and I'll apologize.

And I'm not talking 'your experience'. This is not an experience board. It's a LEGAL forum. So either prove what you said is correct

I stand by what I said.,,which by the way was correct.

or get lost.

 

[texasmomlost]

Okay calm down you two if you have nothing constructive to add anymore then get off my dang thread! Thanks hex for all the info. LJ I appreciate you trying to help, but just get off my thread and you will be left alone!

 

[sroutlaw]

Just to add, LJ and hex are both right - you must domesticate an order to have the court hear this type of case, BUT, it is VERY simple to domesticate an order....
Just a thought

Steph

 

[cookie57]

Just to add, LJ and hex are both right - you must domesticate an order to have the court hear this type of case, BUT, it is VERY simple to domesticate an order....
Just a thought

Steph

So, what you are saying is..you must change your jurisdiction to your current state before you file for adoption?