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My husband's petition to terminate my ex's rights and adopt my daughter was granted! For those who are interested, the trial took all day and was very heated and emotional. The BF's only excuse for not paying support over the last two years was that he has not had a job, but we were able to show evidence that he has assets that he could have sold to pay support despite his lack of a job. He had a number of excuses for not visiting or communicating, all of which basically pointed the finger at me. In fact, he tried to convince the judge that every problem he's had in his life since meeting me has been my fault. He seemed, at least to me, to be bitter, emotionally disturbed, and not really interested in what's best for my daughter.
It really wasn't easy and I don't think that it would have taken much for the judge to deny the petition. He kept telling BF that "he wasn't giving him the information that he needed to deny the petition," but BF kept ranting about what a horrible wife I had been, how he could have had such a great life and how I ruined everything. He didn't have anything else to say for himself.
The judge also decided not to talk to my daughter after all.
I hope this helps. Good luck to everybody.
Daf
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Hey, congratulations and thanks for the info, it sounds a LOT like my situation. The only difference is that the BF has been working for cash, and I'm having trouble finding a way to prove it. He claims to have been on medical leave during that time (2 1/2 years). Our final hearing is in October. The BF is a creature of habit, and given his history I hope the judge sees that he doesn't have my Son's best interest in mind.
You didn't say, but can you tell me if either or both of you had a lawyer? Also, our hearing is scheduled to last 8 hours, what happens that takes so long?
I'm very happy for you (I can't wait!). Thanks again for sharing : )
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We both had lawyers. I don't think that it would have taken so long if they hadn't spent so much time talking about our marriage and divorce. The judge kept telling them that he did not care about the divorce or marriage but they kept on because it's the best "excuse" he had. Other than that, both sides questioned my husband and me, and both sides questioned him, his mother and brothers. We talked about what was best for my daughter and they all talked about what a horrible person I am. It just took a long time.
About the money, we found a lot of information in public records like deeds, DMV records, and county court records. Your lawyer can probably require him to give you guys documents showing that he is on medical leave and how much he receives (I think). Frankly, if he's paying all of his current bills except for support it would hopefully show where he places your child in order of importance.
Sorry I'm not more helpful. Good luck!
Hey, you've been a lot of help - we're going in totally blind so any info is great info. It's nice to see people come back and share after all is said and done.
Your ex sounds quite a bit like my ex (blames me). My lawyer sent an Immediate Income Withholding Order signed by the judge to his so-called employer, but no payment (because he's working for cash). Technically speaking, he had no job to be on medical leave from, but he's saying that is why he hasn't worked (he hasn't had a "real" job since 2003!). He lives with his dad (he's 36) and I'm not sure if he has any bills that he's been paying.
I'm not sure if he has or is going to get a lawyer for this case, but he made sure he got one for the pending contempt of child support case against him (we're asking that he go to jail). It's unfortunate, my child is of no importance to him. I just worry because I hear how big Indiana is on BF/child relationships.
Thanks again!