My wife and I are the mom and step-dad of a 12-year old girl. Our daughter's bio dad (in Indiana where they're originally from) wants to voluntarily terminate his parental rights because he has court ordered no contact with her due to sexual abuse and he's in bad health and can't afford child support and his increasing medical costs.
We're all in agreement that this is the best thing for our daughter, but the Indiana court will not allow him to voluntarily terminate his rights. I've looked on the internet and I *think* we can fairly easily inititate a step-parent adoption here in Arkansas where we live since the bio dad is in agreement.
I have two concerns: (1) The lack of concrete information available on the internet about the ease of the process worries me, and because we can't afford to hire an attorney right now, I don't want to walk into something I can't handle. (2) I don't know if the Arkansas adoption would override his child support order AND terminate his rights.
2006-10-03 05:19:43 · 4 answers · asked by Keith M 1 in Family & Relationships ➔ Marriage & Divorce
Not legal advice, of course!
It is my opinion that you REALLY need to get an attorney for this. Do you think that the bio father might change his mind if you don't act quickly? In Texas, this process should cost about $500 if you "lawyer shop".
I am pretty certain that any adoption will override his child support order and terminate all rights. You would be replacing him as the legal parent. He would have no rights and no further financial obligation.
Generally most states will not allow voluntary relinquishment without another adult ready to step up and adopt, and this is a good thing for the most part.. it ensures that children always have 2 legal parents responsible for them.
The fact that you have 2 states involved here too is one more reason to get a lawyer.. you don't want to take any chances of something not being done to the letter and coming back later to bite you in the butt.
It's possible, depending on income and other factors, that you might find free help through legal aid in your area, or at the very least, they can often refer you to attorneys who will offer reduced cost services. Some attorneys will take "payments".
I know how frustrating it is to not have money for an attorney and to be told "you need an attorney!!" over and over but in this case, I think you really do need to try and find one.
2006-10-03 05:28:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I'd suggest you look in your Yellow Pages for legal aid attorneys if you cannot afford an attorney. They do free legal services for people unable to afford an attorney. Also, ask the court if they assign attorneys for children - that may be a way in for the girl to give her opinion. (What if she doesn't WANT to be adopted? She's old enough to say no at this age.) You might have to get involved with the ICPC - interstate compact for placement of children if you are living in one state and are the legal resident of another still. Inability to pay child support usually isn't a ground to terminate parental rights, so you may ask your attorney about that as well. You will get nowhere until you speak to an attorney either through legal aid or some other sliding scale basis and get this done right.
2006-10-03 05:25:47 · answer #2 · answered by puppyfred 4 · 0⤊ 0⤋
relies upon. change into my toddler doing something that ought to positioned him or herself in severe possibility? Being willful and rebellious? Did the step-be certain clarify the outcomes or spank in anger? were any marks left on my toddler? i trust that corporal punishment is an efficient technique of self-discipline, yet like it to be the very very last motel. If my toddler does something to advantage a swat to the tush, they prefer a swat to the tush. If a step-be certain quite and quite has my youngster's maximum proper interest at heart-and consults with me both earlier or after-i doesn't be green with envy and that i'd probable devise some variety of persist with-up outcomes. even if, i'm nonetheless with my childrens' father, so, who's to assert if i'd sense a similar if we were to split. Edit: some step-moms and dads are more beneficial positive moms and dads than organic and organic moms and dads! some are experienced moms and dads, or maybe as my childrens are less than some different person's authority, I taught them that they prefer to act themselves or face the outcomes. If my hubby and that i end issues, and he exhibits some different person, I anticipate whoever he brings round our childrens to address my childrens with a similar love and respect she'd cope with her personal. Orrrr, am I the in worry-free words stepmother that does that?
2016-10-16 03:20:23 · answer #3 · answered by hocking 4 · 0⤊ 0⤋
You could call an adoption agency in AK to ask the questions, and they would be accurate with their information.
2006-10-03 05:26:20 · answer #4 · answered by msthinkpositive 5 · 0⤊ 0⤋