I have 2 separate Questions

[kittien2000]

What is the name of your state? CA

My first question is in regards to parenting plans. My ex's atty has submitted to me a very simplified Order after Hearing that basically covers Child Support and some of the Custody. Does not state Legal/Joint or anything of that nature. Now I know that this will be expanded upon, I would like to do so now. Can you direct me to websites with sample plans that cover the whole gambit? Thank you

Second question: I have a friend in North Carolina who has a 8 yr old daughter. She was never married to the father and he was not named on the birth certificate. He lives in England and is a citizen there. There are no orders, support nor visitation. He has not contacted the daughter at all in the last 4 years. She has no way of contacting the father. The daughter was born in Florida. She (Mom) has married 6 mos ago and her husband would like to adopt the daughter or at least have her name changed. The daughters last name is the bio-fathers. My friend is under the assumption that she needs to have an International atty to handle this and it can only be handled in Florida, as she states she has spoken to 2 atty's and they say this will be costly and not worth pursuing and the name must be changed in the county of which the child was born. The costly part of it would be locating the bio-father, as the she believes she has to have his permission to do this. Here are the questions.
Can she file in North Carolina for either TPR or name change or Custody/Support and what are the procedures for locating a bio-father who lives in another country. Is there a default timeline for responding, that takes into account the bio-fathers residence as being out of the US?
Does she have to do this in Florida? (She is a 1 year resident of North Carolina) Thank you for any responses.

 

[LdiJ]

What is the name of your state? CA

My first question is in regards to parenting plans. My ex's atty has submitted to me a very simplified Order after Hearing that basically covers Child Support and some of the Custody. Does not state Legal/Joint or anything of that nature. Now I know that this will be expanded upon, I would like to do so now. Can you direct me to websites with sample plans that cover the whole gambit? Thank you

Second question: I have a friend in North Carolina who has a 8 yr old daughter. She was never married to the father and he was not named on the birth certificate. He lives in England and is a citizen there. There are no orders, support nor visitation. He has not contacted the daughter at all in the last 4 years. She has no way of contacting the father. The daughter was born in Florida. She (Mom) has married 6 mos ago and her husband would like to adopt the daughter or at least have her name changed. The daughters last name is the bio-fathers. My friend is under the assumption that she needs to have an International atty to handle this and it can only be handled in Florida, as she states she has spoken to 2 atty's and they say this will be costly and not worth pursuing and the name must be changed in the county of which the child was born. The costly part of it would be locating the bio-father, as the she believes she has to have his permission to do this. Here are the questions.
Can she file in North Carolina for either TPR or name change or Custody/Support and what are the procedures for locating a bio-father who lives in another country. Is there a default timeline for responding, that takes into account the bio-fathers residence as being out of the US?
Does she have to do this in Florida? (She is a 1 year resident of North Carolina) Thank you for any responses.

I hope that someone else will answer your first question...I am going to address the second one.

All states have certainly time frame under which parental rights can be terminated (so that a stepparent can adopt) due to abandonment.

Since dad isn't even on the birth certificate, lives in another country, and she has no way to reach him....I think that she can probably do a TPR for abandonment. However, its not a DIY project, and she really needs the assistance of an attorney. She should consult with an attorney that specializes in adoptions.

 

[kittien2000]

Thank you for your response. She can do this in the state she resides in correct? She is under the assumption that it needs to be in the state of birth.

 

[VeronicaGia]

I hope that someone else will answer your first question...I am going to address the second one.

All states have certainly time frame under which parental rights can be terminated (so that a stepparent can adopt) due to abandonment.

Since dad isn't even on the birth certificate, lives in another country, and she has no way to reach him....I think that she can probably do a TPR for abandonment. However, its not a DIY project, and she really needs the assistance of an attorney. She should consult with an attorney that specializes in adoptions.

How can our poster terminate the parental rights of someone who has no parental rights? Paternity has not been established, therefore there is no abandonment. There is no legal father to abandon the child.

 

[kittien2000]

She wants to realistically legally change the childs last name, and have her husband adopt.
I am aware that paternity has not be legally set and that was why I asked this site of what she needed to do legally.

 

[LdiJ]

How can our poster terminate the parental rights of someone who has no parental rights? Paternity has not been established, therefore there is no abandonment. There is no legal father to abandon the child.

I know, that is a paradox...and that is why she needs to consult an adoption attorney. I know of many cases where it has been done...but I am unsure of the exact mechanism. I am sure that service by publication would be involved.

 

[LdiJ]

Thank you for your response. She can do this in the state she resides in correct? She is under the assumption that it needs to be in the state of birth.

Yes, in can be done in her state.