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    CMG4546's Avatar
    CMG4546 Posts: 2, Reputation: 1
    New Member

    Jul 28, 2008, 04:25 AM
    Termintating parental rights/step parent adoption
    My husband of 2 years wants to adopt my two children. He and I have one child together. The non custodial parent will never consent. We are actually going to court for permission to move out of state, because the non custodial parent contested that, as well. We want to file a petition to have the non custodial parent's rights terminated on several grounds. He is a Level 2 Sex Offender. He is always in and out of jail. He is currently incarcerated until October of 2009. He owes $15,000 in child support arrearages. He had his visitaion rights terminated in January of 2007. Before that he failed to make any contact with children. (The youngest child doesn't even know who he is. She calls my husband daddy.) And he is also a drug addict. He is a very familiar name in the system. And twice my oldest child saw him posted on the news for breaking and entering into a store, and for failing to register as a sex offender when the police were searching for him. (The first time he saw it was what prompted me to have his visitation terminated. It was terminated on the grounds of drug abuse, lack of contact with the children, failure to support children, constantly in and out of jail, and being a sex offender. Same reasons we want to have his rights terminated.) My husband is the sole provider of this family. He has been supporting these two children for 3 years. I want to know if we have a possible chance of winning this petition, and if it helps that my husband wants to adopt them. We live in Massachusetts currently, but are moving to Maine so.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Jul 28, 2008, 06:20 AM
    I think you have an excellent chance of winning this position. If you read other threads along this line, you will see there are generally two reasons a TPR is granted; 1) to clear the way for an adoption and 2) because the parent represents a danger to the child. Sounds like you have BOTH reasons covered.

    The key point you should make is that he had visitation rights terminated. That shows that another judge felt he was a danger. I would not bring up the child support arrears except as proof of neglect and only then if it comes up. Just hammer on the point that he is a danger to the kids and that they view your husband as their father and that he's ready and wanting to adopt them.

    By the way I would drop the request to move. Concentrate on getting the kids adopted. Once you do, the request to move becomes moot.
    CMG4546's Avatar
    CMG4546 Posts: 2, Reputation: 1
    New Member

    Jul 28, 2008, 08:09 AM
    The petition for the move has already been filed in the court. We haven't started the petition for TPR yet. We were told by the court lawyer to wait, and after we move and become settled to then focus on the TPR. I was informed that we'll have no problem being granted permission to move. And being that he has no visitaion and he is incarcerated we were advised by the court lawyer also to move, and come back for our hearings. We have a home waiting for us that our husband's parents are giving to us. And with the new school year starting we want to get our children enrolled at the beginning of the year. The judge who is hearing our case is the same judge that terminated his visitation rights, and the same judge who handled his child support modifications that he never showed up to. Also once he gets out of jail he'll do the same thing he always does. He'll be out for a few months and then go right back in for about a year. (Hence my reasoning for wanting him gone.) Money is no issue. It's the fact that he never took responsibility for them, or even said "Hey I'm broke right now, but please allow me to be part of their lives." He never cared. And now someone does. But I actually didn't know about TPR. And now that a lawyer informed me of it I'm doing all of my research. I'm glad I waited too, because I know it's a lot easier when a step parent comes into the scene.
    And as far as the TPR yes, it was helpful. I know we have an excellent case, but I just need reassurance. Which helps me tremendously.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Jul 28, 2008, 08:47 AM
    Frankly, I'm surprised at your attorney's advice. Maybe it's the timing issue or maybe he wants to line his pockets with more work. But it really makes no sense to me to file a petition to allow a move instead of filing for the TPR. Given it's the same judge, I'm even more convinced you will have no problems getting it.

    Going for the move first is just extra work. Once the TPR is granted, then you don't need anyone's permission to move.

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