NotSoNew

[BelizeBreeze]

Today, 01:49 PM
NotSoNew
Senior Member Join Date: Jul 2005
Location: NJ
Posts: 1,336

Quote:
Originally Posted by BelizeBreeze
And under what theory of law do you expect her to have grounds to adopt?



well i was assuming she was trying to go for termination of rights on abandonment, but i have no idea how old the child is now or how long mom has had no contact for. which is why i told her to consult an attorney.

mary closed the thread before I could answer you and I do NOT want false understandings to be left from this thread.

First, the original poster can't terminate the rights of the father. She has no legal standing to do anything as the stepmother. Only the court, on it's own motions or on motion from the state's attorney or department of children's services can terminate the father's rights.

And secondly, it matters not how old the child is or the relationship of the STEPmother with the child. 100 years of no legal relationship means the same as one hour of no legal relationship. There are no rights conveyed by length of time in this situation.

The woman has no legal rights period. After one day, one year or one lifetime.

Hope that helps you to understand the problems with her post. She was waiting to hear what she WANTED to hear. However, if someone had done that, they would have helped her commit a felony. That is NOT the purpose of this forum.

 

[NotSoNew]

mary closed the thread before I could answer you and I do NOT want false understandings to be left from this thread.

First, the original poster can't terminate the rights of the father. She has no legal standing to do anything as the stepmother. Only the court, on it's own motions or on motion from the state's attorney or department of children's services can terminate the father's rights.

And secondly, it matters not how old the child is or the relationship of the STEPmother with the child. 100 years of no legal relationship means the same as one hour of no legal relationship. There are no rights conveyed by length of time in this situation.

The woman has no legal rights period. After one day, one year or one lifetime.

Hope that helps you to understand the problems with her post. She was waiting to hear what she WANTED to hear. However, if someone had done that, they would have helped her commit a felony. That is NOT the purpose of this forum.

ok, i understand what you are saying. i was assuming she understood that the father had to be the one to do all of that, not her. my mistake.

 

[MandyD]

Someone, maybe me, misread her post. I was under the impression that she wants to adopt her husband's child because the birth mother hasn't been in the child's life since s/he was 3 weeks old. I didn't see anywhere that she was looking to terminate the father's rights, her husband.

 

[Just Blue]

mary closed the thread before I could answer you and I do NOT want false understandings to be left from this thread.

First, the original poster can't terminate the rights of the father. She has no legal standing to do anything as the stepmother. Only the court, on it's own motions or on motion from the state's attorney or department of children's services can terminate the father's rights.

And secondly, it matters not how old the child is or the relationship of the STEPmother with the child. 100 years of no legal relationship means the same as one hour of no legal relationship. There are no rights conveyed by length of time in this situation.

The woman has no legal rights period. After one day, one year or one lifetime.

Hope that helps you to understand the problems with her post. She was waiting to hear what she WANTED to hear. However, if someone had done that, they would have helped her commit a felony. That is NOT the purpose of this forum.

But the FATHER could petition the courts to TPR the mother ...correct? And if that WAS granted, then the step-mother, with the approval of the father, could adopt? Correct?

 

[casa]

But the FATHER could petition the courts to TPR the mother ...correct? And if that WAS granted, then the step-mother, with the approval of the father, could adopt? Correct?

Yes...if they were in an intact marriage~ Not if stepmom & Dad are divorcing.

 

[BelizeBreeze]

as quoted in the original post, the mother is deceased.

So, my answer stands.

 

[NotSoNew]

Yes...if they were in an intact marriage~ Not if stepmom & Dad are divorcing.

are they divorcing? did i miss something or was this in old posts? i was wondering where this was coming from..... ( i didnt check any old posts)

 

[NotSoNew]

as quoted in the original post, the mother is deceased.

So, my answer stands.

she said the mother is in jail? and she doesnt want the mother to get him back, so how is the mother deceased?

 

[eme76]

not trying to butt in...but...

i think BB might have gotten things mixed up with this https://forum.freeadvice.com/showthread.php?t=317921:o

 

[BelizeBreeze]

i think BB might have gotten things mixed up with this https://forum.freeadvice.com/showthread.php?t=317921:o

correct. but that still doesn't change the answer.

 

[eme76]

correct. but that still doesn't change the answer.

i know it dosent change things....i just like pointing out that you are human

 

[NotSoNew]

ok at least i am LESS confused now.

thanks for clearing that up.