[soulman1600]

I married a great woman with a bad ex. The man will not work will rarely consent to see his son. He is abusive in person and I am attempting to adopt him. I sent him the required document for consent. If he did not respond in thirty days to the probate court within thirty days It is implied consent. Note: I am the petitioner.
He wrote a letter restricted delivery to my wife discussing how terrible of a mom she is and that he will not do it. However, he still has not contacted probate court or me directly "the petitioner". If he gave a written notice to the wrong person and not the court does that kill the implied consent?
1. He did not send it or address it to me the petitioner that sent the paperwork
2. He did not contact the probate court.
Anyone's thoughts?

[GV70]

I married a great woman with a bad ex. The man will not work will rarely consent to see his son. He is abusive in person and I am attempting to adopt him. I sent him the required document for consent. If he did not respond in thirty days to the probate court within thirty days It is implied consent. Note: I am the petitioner.
He wrote a letter restricted delivery to my wife discussing how terrible of a mom she is and that he will not do it. However, he still has not contacted probate court or me directly "the petitioner". If he gave a written notice to the wrong person and not the court does that kill the implied consent?
1. He did not send it or address it to me the petitioner that sent the paperwork
2. He did not contact the probate court.
anyones thoughts?

Wait a minute... the fact you are the petitioner will not give you any superior rights there.

I know no state to have legal requirements a father to respond "directly" to the petitioner or to contact the probate court in these circumstances.

Let me give an example:
(750 ILCS 50/) Adoption Act.
Sec. 1D. "Unfit person" means any person whom the court shall find to be unfit to have a child, without regard to the likelihood that the child will be placed for adoption. The grounds of unfitness are any one or more of the following, except that a person shall not be considered an unfit person for the sole reason that the person has relinquished a child in accordance with the Abandoned Newborn Infant Protection Act.

E. "Parent" means the father or mother of a lawful child of the parties or child born out of wedlock. For the purpose of this Act, a person who has executed a final and irrevocable consent to adoption or a final and irrevocable surrender for purposes of adoption, or whose parental rights have been terminated by a court, is not a parent of the child who was the subject of the consent or surrender, unless the consent is void pursuant to subsection O of Section 10.
F. A person is available for adoption when the person is:
(a) a child who has been surrendered for adoption to

An agency and to whose adoption the agency has thereafter consented;
(b) a child to whose adoption a person authorized by

Law, other than his parents, has consented, or to whose adoption no consent is required pursuant to Section 8 of this Act;
(c) a child who is in the custody of persons who

Intend to adopt him through placement made by his parents;
(c‑1) a child for whom a parent has signed a

Specific consent pursuant to subsection O of Section 10;
(d) an adult who meets the conditions set forth in

Section 3 of this Act; or
(e) a child who has been relinquished as defined in

Section 10 of the Abandoned Newborn Infant Protection Act.

[Fr_Chuck]

He has to file a answer to the motion you filed in court.

[GV70]

He has to file a answer to the motion you filed in court.

Under what legal requirement?

[GV70]

Section 26-10A-3 - Jurisdiction.

The probate court shall have original jurisdiction over proceedings brought under the chapter. If any party whose consent is required fails to consent or is unable to consent, the proceeding will be transferred to the court having jurisdiction over juvenile matters for the limited purpose of termination of parental rights. The provisions of this chapter shall be applicable to proceedings in the court having jurisdiction over juvenile matters.

Section 26-10A-7 - Persons whose consents or relinquishment are required.

(a) Consent to the petitioner's adoption or relinquishment for adoption to the Department of Human Resources or a licensed child placing agency shall be required of the following:

(1) The adoptee, if 14 years of age or older, except where the court finds that the adoptee does not have the mental capacity to give consent;

(2) The adoptee's mother;

(3) The adoptee's presumed father, regardless of paternity

(5) The putative father if made known by the mother or is otherwise made known to the court provided he complies with Section 26-10C-1 and he responds within 30 days to the notice he receives under Section 26-10A-17(a)(10).


Section 26-10A-17 - Notice of petition.(b) The notice shall specifically state that the person served must respond to the petitioner within 30 days if he or she intends to contest the adoption. A copy of the petition for adoption shall be delivered to those individuals or agencies in subdivisions (a)(2) through (a)(10). Any notice required by this chapter may be served on a natural parent prior to birth.
Section 26-10A-24
4)(b) The court shall give notice of the contested hearing by certified mail to all parties
(c) The court may continue the hearing from time to time to permit notice to all parties, or to permit further discovery, observation, investigation, or consideration of any fact or circumstances affecting the granting of the adoption petition. The court may order the investigating officer, appointed under Section 26-10A-19, to investigate the allegations set forth in the motion for a contested hearing or the whereabouts of any person entitled to notice of the proceeding.
§ 26-10A-24 3) That a necessary consent cannot be obtained or is invalid.

(4) That a necessary consent may be withdrawn. Otherwise the court shall deny the motion of the contesting party.


OK... even if an adoption proceeding is allowed,the BF may contest the adoption. Then the case will be transferred to Juvenile court,a Guardian ad litem will be appointed and all will be at its starting point.
The BF has to be proved as unfit parent or... he must relinquish his rights VOLUNTARY.

J.N.F. v. A.S.No. 2011009, 2003 WL 21205818 (Ala. Civ. App. May 23, 2003)

[soulman1600]

Sir I appreciate your assistance I only wondered if his writing my wife a letter was proper form. Was that the proper way to respond considering he needed to file with the court? That was the overall question whether it constituted him providing me the petitioner with his notice that he contests it as the letter.
1.was restricted delivery to my wife
2.Was not sent to the court.

[soulman1600]

Edit: I realize I do not have superior rights, but how implied consent works is that if he doesn't notify the court in thirty days I can move forward... he isn't that bright

[GV70]

S I only wondered if his writing my wife a letter was proper form. Was that the proper way to respond considering he needed to file with the court?

Honestly I do not know how that question is handled in Alabama.:)
But I do not think that this 30 days time limit was the legislative intention to all adoption cases unless it's about the putative fathers who have never established their paternity.
In Pa there are similar statutes but this 30 days time limit is applicable only in cases where unwed mothers of unborn or just born children want to place them for adoption.If the putative fathers do not respond their rights will be terminated.
In cases where established by law fathers are involved I know no court in Pa to allow step-parent adoption without voluntary written consent or judicial finding that the natural father is unfit and he is a danger to the child.