Legal Question in Family Law in Indiana

Best interest of the children
I have custody of my two small children ages 2 and 6. After the divorce their father
was sent to prison for what is considered some nonviolent crimes. Child support is in arrears by approx $7000.00. In a few days he will be getting out of jail. What action can I take to prevent him from having visitation with the children if any. He has a long history of addiction and criminal acts. I have since remarried and my son looks on my new husband as his father. He doesn't remember ever seeing his real father. Is there anything that I can do to have their biological fathers parental rights taken away? While the support would be helpful I would gladly give it up to not have their lives further upset by this man. The best interest of these children is to have apeaceful life free of shame and the hazardous life that their father has always lived.
Any information would be helpful. Thank you

Asked on 3/27/01, 10:09 pm

Dorene Philpot Philpot Law Office

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Re: Best interest of the children

There are a few options here:

1. Get your ex to sign a relinquishment of parental rights voluntarily, and have your current husband adopt the kids.

2. Have the court order the termination of his parental rights, which would free up the children to be adopted by your current husband.

3. Or if you don't do one of the above, if he asks for visitation, ask that it be supervised only, given his horrible track record.

Sounds like a really tough situation.

Hope this helps answer your questions. Let me know if you have others.

Answered on 6/01/01, 7:35 am

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