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ProudMom_3 · Oct 15, 2013, 09:00 PM

I have an 8 year old daughter who's bio dad has no part in her life. He is currently behind on child support($18,000) he has not made a payment since Oct.2011(2 yrs.) Child support enforcement has just about exhausted their options. Reported him to credit bureaus,tax agencies, etc. Found out from reliable sources that he moved out of state over 2 yrs ago. Did not leave any contact Info. He's been involved with alcohol & drug use, also in a homeless shelter. (Read in a news article) recently found out he has been in jail for the past 8 months , convicted of two felonies, and recently sentenced to 13 years prison term. Admitted in court to drug use. I am now married and my husband has been providing for my daughter, and raising her for the past 5 years. He is looking to adopt her. My question is: do we have grounds that would consider abandonment? Would this possibly terminate his parental rights being his prison sentenced is a substantial portion of my daughters life(she will be 18-20 years old by the time he is released,she will be an adult) & hasn't supported her prior to being convicted? & would this help is with a step parent adoption? My state is Louisiana. Thanks for the advice & help! Trying to see what our options may be before we consult with an attorney.

Fr_Chuck · Oct 15, 2013, 10:56 PM

It is up to the court, to be honest it would be easier if bio father would just sign to turn over his rights for adoption. Since he is in prison it will be easy to find him. You will have to find him and have him served. He will have the right to defend his side.

Everything you listed, has to be proved in court you will need documents from the police an courts to prove all the things you have said.

Fr_Chuck · Oct 15, 2013, 11:24 PM

Please stop asking the same question over. Your other posts have been deleted. If you want to add more information, please "answer" your own question to add the additional info

ScottGem · Oct 16, 2013, 04:41 AM

You are approaching this from the wrong angle. You are looking for grounds to terminate his rights when you already have the most important, that your husband wants to adopt her. So retain an attorney to prepare the adoption petition. As part of the package he will try to obtain the father's agreement to the adoption, but if he doesn't want to sign, I believe you have more than enough grounds to have the court grant the adoption anyway.

ProudMom_3 · Oct 16, 2013, 04:49 AM

Originally Posted by Fr_Chuck

Please stop asking the same question over. Your other posts have been deleted. If you want to add more information, please "answer" your own question to add the additional info

Sorry about the multiple post. I am new to this site and when I tried to find the previous posts I thought they didn't post. I also looked for them but is there away for me to delete them myself?

ProudMom_3 · Oct 16, 2013, 04:53 AM

Originally Posted by ScottGem

You are approaching this from the wrong angle. You are looking for grounds to terminate his rights when you already have the most important, that your husband wants to adopt her. So retain an attorney to prepare the adoption petition. As part of the package he will try to obtain the father's agreement to the adoption, but if he doesn't want to sign, I believe you have more than enough grounds to have the court grant the adoption anyway.

Thank you ScottGem! Adoption is the most important thing to my family. I didn't realize I would have to file for adoption, then the next steps would be taken. I guess I had the order mixed it. Thank you for your help.

ProudMom_3 · Oct 16, 2013, 04:55 AM

Originally Posted by Fr_Chuck

It is up to the court, to be honest it would be easier if bio father would just sign to turn over his rights for adoption. Since he is in prison it will be easy to find him. You will have to find him and have him served. He will have the right to defend his side.

Everything you listed, has to be proved in court you will need documents from the police an courts to prove all the things you have said.

I understand it would be easier if bio dad just agreed to sign for the adoption. He will not. But I do all have documents from the courts & child support enforcements. Thank you!

ScottGem · Oct 16, 2013, 09:28 AM

Originally Posted by ProudMom_3

Thank you ScottGem! Adoption is the most important thing to my family. I didn't realize I would have to file for adoption, then the next steps would be taken. I guess I had the order mixed it. Thank you for your help.

Its not uncommon for people in your position to get the order mixed up. The main point is that courts are very reluctant to issue a TPR. Generally they will do so in two conditions. First, to clear the way for an adoption and second, if the parent is a danger to the child. I'm not sure whether you can make a case about him being a danger, but you have a strong case, that he has made no attempt to be a parent. Which would make his refusal, a spite move. The courts will look at the fact that you are trying to create a family here. If you just tried to terminate his rights, it probably would not happen, but if you try to package it as part of an adoption, I think it will be approved.

ProudMom_3 · Oct 16, 2013, 10:54 AM

Originally Posted by ScottGem

Its not uncommon for people in your position to get the order mixed up. The main point is that courts are very reluctant to issue a TPR. Generally they will do so in two conditions. First, to clear the way for an adoption and second, if the parent is a danger to the child. I'm not sure whether you can make a case about him being a danger, but you have a strong case, that he has made no attempt to be a parent. Which would make his refusal, a spite move. The courts will look at the fact that you are trying to create a family here. If you just tried to terminate his rights, it probably would not happen, but if you try to package it as part of an adoption, I think it will be approved.

No I wouldn't be able to make a case about him being a danger. He hasn't had any contact with us for me to do so. I have paperwork stating his convictions & sentencing. News reports of his convictions and incarceration date. Also paperwork on owed child support arrearages , ordered payments, and no payments made since Oct. 2011,and all the steps the child support enforcement has made to contact him, get an address on him, and a place of employment. Which have all failed in the past few years.
I also took it upon myself in May 2012 to email him on a social network and asked him for an address for him due to child support, and whereabouts, and he blocked me from contacting him that way. So I'm glad to know that they take these things into consideration when it comes to step parent adoptions, because her bio dad won't approve of the adoption out of spite unfortunately. Even though he realizes she will be an adult before he is released. I also understand being incarcerated isn't considered abandonment, but in my case, he was never available in my child's life prior to his felonies. Thank you for all of your help, I know some people look down on having a fathers rights terminated but I'm wanting it for an adoption & not out of spite, just in the best interest of my daughter & family.

ScottGem · Oct 16, 2013, 11:46 AM

Get an attorney to prepare all the paperwork. The attorney will know exactly how to present the case to the court. I don't think they will even mention abandonment. Simple state that he has made no attempt to contact his child in over 2 years, and will not be able to now until she's an adult. Yet despite that he is trying to prevent your husband from cementing the family by adoption. I don't think there will be any problem.

Good luck and keep us posted.