Legal Question in Family Law in Indiana
Gaining Legal Guardianship/Adoption From Two Separate States
My husband would like to legally adopt my two children 7&8. I do not have the fathers name on the birth certificates for my children, but the birth father is willing to fully cooperate in the process.
My question(s) would be.
One; because the birth certificates do not have the birth fathers name, would paternity need to be established?
Two; After legal guardianship has been given to my husband, would my children still be able to seek past child support, that was entitled to them?
Three; I reside in Indiana, and the birth father resides in Oregon, would I need to obtain an Oregon attorney?
Four; Is there a set fee for seeking this sort of adoption? Or is it based on an hourly fee? And, how long would the process take, if both parties agree upon the conditions of the adoption?
I greatly appreciate your time and response. Thank you.
1 Answer from Attorneys
Re: Gaining Legal Guardianship/Adoption From Two Separate States
Venue for an adoption in Indiana is the county where the adopting parent resides. When paternity over a child or children has not been established, the putative father is entitled to notice of the adoption proceeding as well as to consent to an adoption by the step-parent without more than signing such a consent. Indiana also requires that a couple be married for at least a year before the step-parent is allowed to adopt. Generally, there is a 60 day period after filing the case for the completion of the home study and request for a putative father affidavit from the State Health Registrar and the case is set for hearing. Some attorneys charge hourly and some a set or flat fee. Costs are roughly $300 in a case where you do not need to publish notice to the putative father.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
