Legal Question in Family Law in Indiana

I have "physical custody" of my two sons. Their mother voluntarily gave custody to myself but in the agreement, it states she is to have "reasonable visitation", in those terms exactly. Our order was done in Chicago, Il. She pays child support. She has not had any contact with the boys since 6/09 at her own doings. She has not called, visited, or even taken calls from us. She has also moved to Kansas, a piece of information that I found out recently, through a mutual friend. She did not notify us of this. My question is what steps can I take to terminate her visitation/parental rights to the boys. It is clearly apparent to myself that she has no intention of being in their lives.


Asked on 3/10/10, 1:54 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

If she is paying support, it is neither advisable or available to terminate parental rights at this time. If you have a new spouse who desires to adopt, you should sit down with an adoption attorney who can explain to you what steps you will want to take to prove lack of contact for a year, which is a minimum requirement for obtaining an adoption without biological mother's consent.

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Answered on 3/16/10, 6:34 am


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