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My husband of 2+ years and I have filed for him to adopt my son. We have been together since before my son was born, bio father wanted nothing to do with child if I wouldn't marry him. We were very young at the time and I refused. We filed all the forms, even have the adoption papers signed by a judge (we needed a declaration of neccessity because my husband is deploying next month) the only thing we are waiting on ins the termination of parental rights of bio dad. Our social worker (who favored and approved the adoption) sent him the paper work and he contested. He called the county clerk and is having a lawyer appointed to him. Here's some history. In August of 01 I took him to court (In Pennsylvania where we were living) for child support (my son was 4 months old at the time), he started paying child support was never on time and was always behind. In June of 02 we were back to the mediator because he was behind again. I agreed to stop the child support order if he agreed to sign over his parental rights when I got married to my now husband. This was listed in teh end of our judgement that day only it is signed by him, myself and a mediator not a judge. He just finished paying his arrears on that in June of 04, it took him 2 years to pay all his arrears. Anyway, he has only seen my son who is now almost 5 (in may) one time for paternity testing at 2 weeks old. Never has sent cards, called or anything. In 2003 I called him to sign the paper to sign over his rights, he said he would think about it and call me back, I haven't heard from him since. What are our chances of going to court and getting his rights terminated and our adoption granted? My son knows only my husband as his dad. And what kind of proof do I need to show he has been out of his life? He knows NOTHING of my son. Probably couldn't even tell you his middle name, or anything that has happened in the first almost 5 years of his life. We were in teh area where I lived and had my son until January of 2004, my son was almost 3 years old at the time. I have continued to have the same emial address since we met, he knows where my family lives and has phone numbers, we have mutual friends that could get ahold of us. I am just so stressed over this what are our chances of winning and how long can he drag this on for??
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It sounds like your chances of winning are very good if you have never moved and he has always been able to contact you. As long as he cannot prove that you have kept the child from him then I don't see any reason why the adoption wouldn't go through. I don't think you have much to stress over.
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I actually had alot of the same stresses. Knowing you went before a mediator before. Do you remember that what the mediator recommended pretty much could not be changed, that is the same with the social workers report. They have the 411 on everything. The only reasen he is getting a lawyer( appointed to him for free) because that is what the law states for his rights. It is a like a lawyer who defends criminlas. That is their job however they do not go the extra mile to defend him. Just know the facts are the facts and that is what the judge is looking at. we did not give or bio dad a chance for court however I am confident we would have one whether he was present or not. It just would have taken longer and been a headache toward us. THings sound like fact in your case and He did not claim the child when you were living in pennsylvania either right? Things sound strong in your case.
If you have told us the entire story, then it seems you have a great case if this goes to the judge. What I don't understand is -- if he signed over his rights, judge or not, it should be in effect -- especially if a mediator drafted the agreement. There's really no proof other than your word against his and how much he is willing to lie in court. Contested adoptions should be pursued with an attorney. I am in Califoria and have a great one if you are interested. My bio-dad is not only contesting it but hired an attorney to fight it.
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I do not think you have to have an attorney if he is contesting it. We only hired an attorney because of the technicality of the visitation that took placel. The family law code sayss that the releasing of parental rights can be signed by numerous types of people. I like to know what county people are from because believe it or not it does matter. LIke in our county the social worker that does the investigation is a big help on what to do next and you virtually do not need an attorney there is also a book that explains the whole process. When all was said and done we could have done it without an attorney No doubt about it this man abandoned the child and has it on paper.