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Hi. I'm new to these forums. I was doing some research online about step-parent adoptions and found a lot of good info on these boards. I do have a couple of questions/concerns. My ex is a convicted sex offender and is also a registered one. I have custody of our 10 yr old daughter. I remarried 5 years ago. We are exploring the possibilty of my husband adopting my daughter. My ex has been discharged from the prison system and is now free from the prison and parole system. He has only paid child support a total of 3 times in the last 7 years. He's only seen his daughter a total 2 times in the last 7 years and that was within the last 6 months. He has moved out of state and keeps saying that he's going to start making good on child support. But I seriously doubt that as he's recently informed me that he's getting re-married and his fiancee is pregnant. I'm afraid of his family harassing me so he doesn't have my home phone or address. He does however have my husband's cell and my email. He contacts me on average about once a week to see how my daughter is doing. The wonderful California court system kept setting child support at zero when he was in jail and then revisited the issue when he was out. However, he is debt several thousand dollars in back child support.
So will all that rambling behind me, do I stand a better chance of terminating his parental rights based on abandonment or the fact that he's a convicted felon? Also, if anyone has the form # to petition for termination of parental rights, please pass that on. That's the one form I haven't found.
Thanks
Janice
Proud mom of Savannah (10) & Tamrah (4)
Hello RiverBG,
I am in CA too. You can see the updates and what is going on in my case on the Thread titled "Adoption Started" [url="http://forums.adoption.com/showthread.php?t=239863"]http://forums.adoption.com/showthread.php?t=239863[/url]
We have somewhat similar cases.
I think that because the BF has been in contact it would not be considered abandonment even if he hasn't paid child support. (By the way the BF in my case got out of paying child support while he was incarcerated too.)
Also I would be concerned about trying to terminated his rights because he is a convicted felon. You said he is off Parole now and the court would look at that and think he is doing the right thing now. May depend on the crime.
You really need to talk to an Attorney or paralegal about that. That doesn't mean you cant do this on your own but you need some legal advice.
In my opinion your best bet may be to talk to him and see if he would be willing to sign over his rights. You can tell him he wouldn't have to pay child support anymore and he is moving on with his new life having a new baby and a new wife. He lives out of state so how much did he intend on seeing his daughter anyway. Maybe he would be willing to cut a deal with you. Maybe all he would want is to be able to see her once in a while (open adoption). I would think being free and clear of child support would be pretty tempting to him, especially with a new baby on the way. I guess it all depends on your reasons for wanting the adoption.
Sorry I do not have that form. My attorney typed ours up himself. He didn't use a form.
Good luck and keep us updated. Feel free to ask us anything. This forum is a great source of information and support.
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I've asked my husband to talk with the BF and see if he's willing to sign over his rights. I would do it, but I just can't talk to him without getting angry. So, all of my discussions with him are via email. I think the open adoption option is good. That way if my daughter wants to see him or vice versa it would work out for the better. I know from conversations with her that she wants to get to know him, but she doesn't want to live with him or visit him without me or her step-dad being there. She's that uncomfortable with him. The crime the BF committed was a sexual offense and he is currently a registered sex offender. At least in California. Not sure about the state he's currently living.
So if the BF is willing to sign over his rights, what form is used or is a notarized statement to the fact enough? I have spoken with a couple of attorney's and they said they would go the route of getting him to give up his rights before they take it to court to terminate. So here's hoping he see's the best way and isn't too selfish.
I'm glad to know that I'm not the only person out with there with this type of case. Thanks for the info and support. I will keep this post updated.