My son's biological father isn't around. He hasn't called in 15 months. He hasn't used a visitation in 26 months. He hasn't paid child support in just over 16 months. Can my current husband adopt my son without consent of his biological father? Is there a way to terminate his parental rights? I live in Indiana.

Yes, but...

XenoSapien

If the bio father will not consent you will have to try and terminate his rights in court, it will be hard ( if possible at all) if the bio father fights it.

Yes its possible to get rights terminated to clear the path for adoption, but its very difficult. Sounds like the bio father is unlikely to object much especially since he will get out of future support. You will need an attorney to prepare the adoption petition, let the atty handle getting the termination.

If his whereabouts are known, he'll have to give his consent for the adoption to occur. If his whereabouts aren't known, you'll have to make a good faith attempt to locate him and provide the court with evidence of having done so. If he consents to the adoption, he'll be responsible for past-due child support, pro-rated to the date the adoption becomes final.

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Originally Posted by proudmom

My son's biological father isnt around. He hasnt called in 15 months. He hasnt used a visitation in 26 months. He hasnt paid child support in just over 16 months. Can my current husband adopt my son without consent of his biological father? Is there a way to terminate his parental rights? I live in Indiana.

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I did some research on line and spoke with three attornies. In case you are interested in the answer to this... here you go: In Indiana, if support goes unpaid for 1 year, you can do a contested adoption. However, if even one dollar of support is paid in a year, before you file for the contested adoption, the clock starts ticking again on the year. Another way is if no communicaton or no visitation is made for six months, you may file for the uncontested adoption but if one visitation is made within that year, you start over on the clock again... the adoption takes six months to complete. The last way is if no communication or visitation has taken place in 1 year before you file, you can do a contested adoption... even if they do a visitation the day after you file for this. I was really surprised. There are a few more ways but they involve physical abuse and murder and that is not our situation... just a dirt ball dad that has chosen drugs and forgot about his kid. Thanks for your help.

That sounds about right, what surprised you? Most states make it difficult for a bio parent to voluntarily give up their rights, so its doubly hard to take them away.

You didn't mention just asking him to relinquish, have you tried that? If he is unwilling its clear he can block the adoption.

It depends on the situation. In my daughters situation currently 9, my current husband adopted her when she was 4, and I didn't even have to hire an atty. However, her father wasn't around and I was unable to locate him.
I am currently going through the situation again with my 2 oldest children.(5 yrs later) Their father has 3 other children he provides love and support for. He wants to get out of paying childsupport. His parents are upset and they are fighting with him over it. My husband is willing to adopt them but the situation is "messier."

Even if he agrees to the adoption, you should still get the back child support you are owed for raising ya'll's child by yourself for the past 16 months. Get your attorney, decide a path of action and stick to your guns. Good luck. Another point is each state has their own laws on this matter.