TPR bio-father

[mac75]

What is the name of your state? Maryland

Brief History-

My nephew has lived with my family for the past two years. Initially I had temp custody through a protective order (due to abuse) and now I have sole, legal and physical custody of him. The bio-parents are allowed to visit him. Bio-dad has seen him 5 times in the past two years and all of those visits but one occured because I contacted bio-dad. For the past two years bio-dad has supported us having custody of him and has also verbally supported us in adopting him. Bio-mom has legally consented to the adoption and now bio-dad is saying no. There is no parent child relationship or any kind of relationship for that matter between bio-dad and my nephew. Bio-dad hasn't provided physical or financial support and he hasn't exercised his visitation rights. My nephew is two years old and has developed emotional ties to my family. I don't think anyone could dispute the fact that in his eyes we are mom and dad. The petetion for adoption has been submitted to the court with moms consent.

Questions -

Does anyone have any idea how this will go in court if bio-dad continues to contest the adoption? I've heard that it is difficult to have a petetion for adoption granted without the consent of both parents. How long does he have to file an objection? Besides the obvious reasons what makes a parent unfit? What does the court view as exceptional circumstances? Do I have to prove him unfit before I can address the best interest standard?

Thank you in advance for your input and if anyone has any other thoughts please share.

 

[brisgirl825]

What is the name of your state? Maryland

Brief History-

My nephew has lived with my family for the past two years. Initially I had temp custody through a protective order (due to abuse) and now I have sole, legal and physical custody of him. The bio-parents are allowed to visit him. Bio-dad has seen him 5 times in the past two years and all of those visits but one occured because I contacted bio-dad. For the past two years bio-dad has supported us having custody of him and has also verbally supported us in adopting him. Bio-mom has legally consented to the adoption and now bio-dad is saying no. There is no parent child relationship or any kind of relationship for that matter between bio-dad and my nephew. Bio-dad hasn't provided physical or financial support and he hasn't exercised his visitation rights. My nephew is two years old and has developed emotional ties to my family. I don't think anyone could dispute the fact that in his eyes we are mom and dad. The petetion for adoption has been submitted to the court with moms consent.

Questions -

Does anyone have any idea how this will go in court if bio-dad continues to contest the adoption? I've heard that it is difficult to have a petetion for adoption granted without the consent of both parents. How long does he have to file an objection? Besides the obvious reasons what makes a parent unfit? What does the court view as exceptional circumstances? Do I have to prove him unfit before I can address the best interest standard?

Thank you in advance for your input and if anyone has any other thoughts please share.

Is there a child support order? When was the last visit, which means in person or via phone, email, snail mail, etc. and/or cs payment?

 

[bononos]

Who was the abuser, mom or dad or both, and is it documented?

 

[mac75]

The child support order was put into place December of 2005. The last visit was father's day of 2005 (bio-mom contacted him during one of her supervised visits outside of my home). I've talked to bio-dad via phone since father's day but that was me calling him. I have not contacted him since I found out he is going to contest the adoption and he has not contacted me in any way.

 

[mac75]

Mom was the abuser and yes it is documented.

 

[brisgirl825]

The child support order was put into place December of 2005. The last visit was father's day of 2005 (bio-mom contacted him during one of her supervised visits outside of my home). I've talked to bio-dad via phone since father's day but that was me calling him. I have not contacted him since I found out he is going to contest the adoption and he has not contacted me in any way.

You should contact an atty about your case. From what I can see, MD requires 15 mths for abandonment, which you have not met. However, depending on the abuse charges, there may be another way for you.

Many atty's offer free consults. I recommend that you talk to one asap in order to see if you have any grounds for the TPR based on the abuse.

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-maryland/article/8533/1.html

 

[Mbarr77]

One of the grounds for parental rights to be terminated is that the child has been in out-of-home placement for 15 out of the last 22 months. Meaning, in someone elses care other than the parents. So, if the child has been living with you for the last two years, and you have clear and factual proof of this an adoption may be granted without parental consent.

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-maryland/article/8533/1.html

 

[Mbarr77]

You should contact an atty about your case. From what I can see, MD requires 15 mths for abandonment, which you have not met. However, depending on the abuse charges, there may be another way for you.

Many atty's offer free consults. I recommend that you talk to one asap in order to see if you have any grounds for the TPR based on the abuse.

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-maryland/article/8533/1.html

But, she said that she has had the child for two years in her care. Does that not qualify for the out of home placement for 15 out of the last 22 months? The child has been in her care for the last 24 months.

 

[bononos]

You should contact an atty about your case. From what I can see, MD requires 15 mths for abandonment, which you have not met. However, depending on the abuse charges, there may be another way for you.

Many atty's offer free consults. I recommend that you talk to one asap in order to see if you have any grounds for the TPR based on the abuse.

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-maryland/article/8533/1.html

The mom abused and she agrees to the adoption.
The dad wasn't the abuser, he's the one fighting it.
If the support order only was put in place last month, then he wasn't required to pay you support yet.

By chance, does he not have the means to fight you on this?

It does sound to be in the best interest of the child.

 

[brisgirl825]

But, she said that she has had the child for two years in her care. Does that not qualify for the out of home placement for 15 out of the last 22 months? The child has been in her care for the last 24 months.

Yes, the child has been out of the home for 2 yrs. However dad is still a NCP and has rights as one. He has been visitng the child, althought not regularly, and was just ordered to pay support as of Dec '05.

However a local atty would be the best person to confirm this. It is still possible for a TPR.

 

[mac75]

I don't think he has the means but I think that the court will provide a public defender if he contest the adoption.

 

[brisgirl825]

The mom abused and she agrees to the adoption.
The dad wasn't the abuser, he's the one fighting it.
If the support order only was put in place last month, then he wasn't required to pay you support yet.

By chance, does he not have the means to fight you on this?

It does sound to be in the best interest of the child.

I was typing as OP was telling who the actual abuser was. However dad must have a history as the child was not placed with him when mom lost her status as CP.

There is likely something here that a good atty could use for a TPR. OP definitely needs a consult.

 

[bononos]

There is likely something here that a good atty could use for a TPR. OP definitely needs a consult.

AGREED WHOLE-HEARTEDLY!
Poor kiddo. A good stable home is necessary!

 

[brisgirl825]

I don't think he has the means but I think that the court will provide a public defender if he contest the adoption.

Not necessarily a PD but there are programs like legal aid who will help in TPP/adoption cases either pro bono or sliding scale. So, yes, he may have someone to help him fight the TPR. If you have the means, you should get an experienced atty in the area of TPR/adoption.

 

[mac75]

Within 2 weeks of birth dad disappeared. My nephew and niece moved into my house when he was 3 month old. When my nephew was 4 mon. old that is when the abuse took place. I contacted CPS to report it out of concern for my nephew's future safety and they advised me to get a protective order. CPS was not involved with those proceedings except to do an investigation. The reason for that was, I had already taken steps to keep my nephew safe by getting the protective order. The father was not involved in any of those proceedings. When I filed for sole, legal and physical custody I had to include bio in those proceedings. It is probably safe to say that since mid August of 2003 he has seen him 5 times. I really tried to encourage bio to form a relationship with my nephew. I offered to pick him up, take my nephew to him, to move in my house with the possibility of gaining employment with my husband, gave him pictures, updates etc. I told him on several different occasions that I am giving him many opportunities but that he has to take advantage of them. I don't know if this is important or not but bio dad was a minor when my nephew was born.