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    hazelwood06's Avatar
    hazelwood06 Posts: 1, Reputation: 1
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    #1

    Mar 12, 2008, 02:38 PM
    Need to know Indiana State Law on abandonment
    :( My ex and I have 3 children. He has had very little contact with them since the divorce over 7 yrs. Ago. He has had absolutely no contact with them in over 4 years. He has recently been paying child support but only because the courts made him. He actually owes me around 40,000 in back support. They have arrested him and let him go. Our marriage was full of abuse on both me and my children, however, there is no proof of this except for my word. The kids were too young to really remember. My ex's new wife claims that he was found to have perinoid schizophrenia and has been on meds for about a year. He has held down a job and been a good father to their children since the meds. Now they want visitation. Hasn't he legally abandoned my kids? My husband wants to adopt my kids but is scared that it will just stir up the visitation with him. My husband has been the sole provider for my kids and me for over 5 years now and we have been together for over 7 years(married for only 2 years). In his eyes they are his kids but I'm worried that if we don't file adoption papers soon that my ex will file visitation paper first. What's the chance of us filling for adoption and him actually getting visitation rights to the kids during the adoption process? This is what we are worried about. My kids don't want to go see him at all. They are 11,10, and 8. My husband wants to adopt them but he is too worried that it may start a fight in court and he may get to see the kids anyway. What are we supposed to do to keep my kids safe from this psycho!! Please help us!!
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Mar 12, 2008, 02:59 PM
    I think your husband trying to adopt them would likely stir the pot with their dad refusing to give up his rights and counter claiming he wants visitation.
    One thing you would need to do when it goes to court either way is tell the Judge that he has not cared to see the kids in all these years and anything that can show him as an unfit father.
    IF the Judge rules in his favor for visitations if possible try to get them supervised visits.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Mar 12, 2008, 03:09 PM
    Several things, normally if they are paying support, even if forced to, you can not nromally get abandoment, and if he is now after getting better
    (if he really is) he may really have changed and want to see the kids.
    If he does, it is possible he can get visitation, ( you can try to get it supervised at least to start)

    If he will not sign to all your new partner to adopt, it is doubtful if they court would allow the adoption

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