Advertisements
Ok, I have only been married for 5 months. I have 2 children that my husband has been in the process of adopting.
The great news is the first adoption went through wonderfully! The situation was bio father always paid his child support but never seen my daughter (she's 10). He consented with no problem, the home study was very favorable - everything went great!
The second adoption however, not so easy. The situation is bio father has rarely seen my son since our divorce (in March '05). The last time he's seen him is last August, and the last time he's called for him was before that. The ex made 1 child support payment in '05 (because if he didn't he was going to be found in contempt), no payments in '06, and got a job this year (has been working for cash since '03). His employer deducted 6 child support payments before he was terminated for no call/no show (he told the court that he was on medical leave). Anyway, he's not consenting. We tried the contempt for child support thing, but he got a lawyer (and a continuence) the day before the hearing (we are asking for his incarceration) and now we don't go to court for that until after the final adoption hearing. We're proceeding with the adoption on the grounds that he has defaulted - what are our chances?
I just want what is in the best interest for my child, he's 7 and he loves my husband dearly. His bio father was abusive to me in front of him, and I've had 2 protective orders against him since our divorce. So that's something else I wonder, can he use that as a ligitimate excuse for not seeing his son? Since we've filed the papers, he's made 2 child support payments and he's called twice.
Like
Share
Well, we met with our lawyer yesterday. The adoption hearing is less than two weeks away and the BF still doesn't have a lawyer. My guess is that he will show up without a lawyer, or wait until the last minute to hire one and file for a continuance. Our lawyer said to expect the worst : ( He said that he has seen TPR/adoption petitions denied simply because the BF sent 1 birthday card, and "technically speaking" the BF hasn't defaulted. (IN law says consent is not required if the child has been abandoned or deserted for at least six (6) months immediately preceding the date of the filing of the petition for adoption OR if for a period of at least one (1) year the parent: (A) fails without justifiable cause to communicate significantly with the child when able to do so; or (B) knowingly fails to provide for the care and support of the child when able to do so as required by law or judicial decree.)
The good news is that we have the final hearing for contempt of CS 9 days after the adoption hearing (He's $7,000 in arrears). I expect him to fight it until he actually has to step up and be responsible for his actions...only time will tell.
If anyone has any guidence or even opinions to share, I'd love to hear them ~ thanks
Advertisements
Hmmm... what does that word mean to you, or for that matter, to your child? I think that if 6 months have passed with ALL CONTACT being a birthday card, that the court system will see how un-involved he really is! This is only my opinion and I really hope I'm not stepping on toes, but what has happened to parenthood in America?? I pray that your court case goes well, and that your child grows up healthy and happy, with 2 parents who love him!