Legal Question in Family Law in Alabama
Termination of Rights for Step-Parent Adoption
How does a father in AL voluntarily terminate his parental rights so that his daughter may be adopted by her stepfather in TN?
How would the process be different if the mother and stepfather had to petition to have his rights terminated (on the grounds of lack of support).
He has not visited his daughter in over two years, paid child support in a year and a half, and does not call her or send her birthday cards. My daughter doesn't even know who he is.
Thank you! :-)
1 Answer from Attorneys
Re: Termination of Rights for Step-Parent Adoption
THE EASIEST AND CHEAPEST WAY TO ACCOMPLISH THE TERMINATION IS IF THE NATURAL FATHER SIGNS A RELINQUISHMENT OF HIS RIGHTS AND JOINS IN ON THE NATURAL MOTHER AND STEP-FATHER'S ADOPTION PETITION. IF, HOWEVER, THE NATURAL FATHER WON'T DO THIS, THEN THE MOTHER AND HER NEW HUSBAND (STEP-FATHER)SHOUD SIMPLY FILE AN ADOPTION PETITION IN THEIR COUNTY AND SERVE THE NATURAL FATHER WITH PROCESS OF THE ADOPTION LAWSUIT. THE ADOPTION PETITION HAS TO ALLEGE THAT THE NATURAL FATHER HAS "ABANDONED" THE CHILD AND THAT HIS RIGHTS SHOULD THEREFORE BE TERMINATED. IF THE NATURAL FATHER DOESN'T FILE A WRITTEN ANSWER WITHIN 30 DAYS, THEN YOU CAN GET A DEFAULT JUDGMENT AGAINST HIM
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