Legal Question in Family Law in Indiana

Bio-parent contact after adoption

My husband adopted my two children and it was finalized in June of 2004. My ex husband had failed to have contact or support since Oct. 2001. Notice was sent to bio's mother's home and signed by an unknown person to me(there was no response made). CSE was notified of the adoption and was persuing arrears. They finally got bio into court coincidently less then a month of adoption being final. This past Oct.they began collecting monies. Bio has now contacted. I read somewhere(still looking again) that he would have 6 months to contest after (even though the paper said 30 days) if he could prove he wasn't properly notified. My lawyer said she'll have to look up the statutes but that he may have up to a year to file a motion to set aside the adoption. If he were to file his case would be weak as he's not had contact in over 3 years with children and able to do so. Which is correct the 6 months or the year?

thank you


Asked on 11/17/04, 12:19 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Bio-parent contact after adoption

Under the trial rules, a party can come in to challenge the court's ruling up to one year after the ruling or within a reasonable time after discovery of the ruling. Now, this does not mean he would be successful, particularly in an adoption case where his consent was irrevocably implied by his failure to support or visit with the children over the years. Those facts are more important than the notice at this point in time. The judge can always say, yes you didn't get the notice, but he won't reverse his prior decision that the man did not contribute to the support of the children or visit with them for the appropriate period of time prior to the adoption being filed.

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Answered on 11/19/04, 10:36 am


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