Legal Question in Family Law in Indiana

We live in Indiana and my wife has a child from a previous relationship. His father has had no contact with the child in over 3 years and is thousands of dollars behind in support as he makes the minimum payment about twice a year to keep from going to jail every time the court threatens to go after him for neglect of a dependent child. He emails about twice a year and has had no contact with the minor child in over three years even though it has been offered and set up for him he always backs out. I have been with the mother since the child was months old and want to adopt the child but he feels like the child is his hold over her and threatens to file for custody every time she threatens to notify the court about him not paying child support or she talks about me adopting him. Can we file with the local court and get the adoption legal without his consent?


Asked on 12/22/09, 10:52 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You can file an adoption petition and ask the court to determine that his consent is not needed due to lack of meaningful communication or support. He will still receive notice and the right to contest it. Your wife and you should sit down with an adoption attorney in your areas to discuss this in detail.

Good luck.

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Answered on 12/30/09, 11:26 am


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