My 10 year old son hasn't seen or heard from his father in 11 months. He is still paying child support through a wage assignment. Can I take him to court to get his rights relinquiesh and have my husband adopt him?
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My 10 year old son hasn't seen or heard from his father in 11 months. He is still paying child support through a wage assignment. Can I take him to court to get his rights relinquiesh and have my husband adopt him?
No, why do you think you could?
All law depends on your local area, but paying support in most places is considered "contact"
Next you can not "take his rights away normally just for no visits. IN fact as in Georgia, you can't take rights away if they don't pay, and if they don't visit.
You can contact him and ask him if he will agree to sign over his rights, since he support check would stop, and he is not visiting anyway, there should be no reason he would not.
I just took my sons father to court for that sameting but my son is 15 and his father has not been there for the whole 15 years. The judge told me I have to contact dyfs and have my husband file a petition for adoption. I don't know what State yyou are in but I am in NJ if that helps any.
Contact Dyfs about what ? And you want chlidrens services looking into how you are raising your child, a dangerous can of worms.
But yes if you want an adoption, you have to start an adoption process with an attorney and notify the father to give him a chance to sign.
But normally just not being there, esp if they are paying support will not get his rights taken away.
The only reason to get dyfs involved is if they have to do an evaluation of fitness for the adoption. Did you have an attorney prepare the adoption petition?Quote:
Originally Posted by lenadelcampo
To mamatink, as Chuck noted, if you approach the father and explain that agreeing to the adoption will end his support obligation he may agree. At any rate, you should be asking for the TPR as PART of the adoption, not separately.
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