Legal Question in Family Law in Indiana

Saw lawyer about TPR

The lawyer I saw yesterday conserning TPR and step-parent adoption that since there has been no contact by my ex in over 2 years (the state law is 1 year no contact no support) that we do not need to post notification in the paper of the town I believe he lives in. I want to double check this is correct and I had understood differently and I don't want any loopholes later on.


Asked on 2/05/04, 4:10 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Saw lawyer about TPR

My opinion is that you are required to give notice although the absent parent's consent is not required and the judge would not really have to give him the time of day if he objected. Consent and notice are often confused in adoption matters. The statutory determination or presumption that a parent has abandoned the child merely means that the parent's consent is not required; it does not mean necessarily that he is not entitled to notice. However, this is an area where the giving of notice is considered conservative (as in covering all bases) and is subject to dispute even among attorneys.

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Answered on 2/05/04, 9:00 am


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