Hi everyone,

My question is my children's natural father has not seen them since 12/30/06, he has not tried to call them or make any contact since 2/07. Also he has not paid any support since 2/2007. Is this enough to get his rights terminated?? If not then can my husband adopt
This kids without their fathers consent? I do not know where he lives or works.

Get a lawyer.

An attorney will walk you through the steps you need to take in order to get the biodad's rights terminated. An attempt MUST be made to contact him, but how that happens varies by area, which is why I recommend the lawyer.

Also, if he is located, and he refuses to sign away his parental rights---there's not a lot you can do about that.

Contact your states child support enforcement agency for support/past/present/future and then you have a record.

Until you have a permanent record of his refusal to pay support, you really don't have grounds for termination of rights.

If he refuses to support his children and he doesn't keep in touch with them, you could at a later date have reasonable legal rights to take him to court.

You may get a sympathetic judge who may remove his rights for contact, but not for support unless your husband is willing to adopt child/children.

You need to get your ducks in a row before you go through the expense of attorney who will tell you that having parental rights removed is not as easy as is sounds.

If after you go through getting all you need to show the judge he is a dead beat dad and he still refuses to give up his right... you could still be in the same boat.

This was the advice I received on my case, hope it helps

Please, do seek councel for your state and see if you need more, as you don't want to get to court without all your ducks in a row... look bad to judge... like you are trying to punish him or kids.

Good Luck

Quote:

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Originally Posted by bluejeangal

Contact your states child support enforcement agency for support/past/present/future and then you have a record.

Until you have a permanent record of his refusal to pay support, you really dont have grounds for termination of rights.

If he refuses to support his children and he doesnt keep in touch with them, you could at a later date have reasonable legal rights to take him to court.

You may get a sympathetic judge who may remove his rights for contact, but not for support unless your husband is willing to adopt child/children.

You need to get your ducks in a row before you go through the expense of attorney who will tell you that having parental rights removed is not as easy as is sounds.

If after you go through getting all you need to show the judge he is a dead beat dad and he still refuses to give up his right... you could still be in the same boat.

This was the advice I received on my case, hope it helps

Please, do seek councel for your state and see if you need more, as you dont want to get to court without all your ducks in a row... look bad to judge... like you are trying to punish him or kids.

Good Luck

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It very much depends on the State - not seeing the children and not paying support is unrelated to adoption. In most States the father must consent and the adoptive parents must be in a stable relationship for over a year.

Adopting a child without the father's consent - and that includes publishing the request if all else fails - is almost impossible.

In most states no this is not enough to take his rights away, merely not paqying support or not seeing the child is enough to take the rights away, often things like being in prison or being a threat to the child would be.

And you can try to adopt, but will have to attempt to find the father and get his permission, Often this is easier if you have been forcing the issues of child support

I have almost never delted a post for just being so wrong, but there was one here that was so poor, gave such wrong advice I felt I had to delete it