Legal Question in Family Law in Indiana
relative adopt child/birth father terminate rights
I have been separated from my husband, my child's father, since early in my pregnancy (over 3 years). We are not divorced yet, but want to get divorce. He stated he wanted to sign away his rights to avoid child support and never see his child. I was told by a lawyer he cannot do this unless there is another person to adopt my child. I have no plans to marry so I cannot have a new spouse adopt my child. Could my father (my son's grandfather) adopt him? We have resided in my father and mothers home since my son was born and he has been every bit a father figure to him.
My son's father has never seen him or wanted to see him and has stated he wants nothing to do with him unless he's made to pay support in which case he will want visitation. I feel he is almost doing it out of spite and I do not want my child tangled up in this tug-of-war. If my father were willing to adopt my son (I would remain his parent also of course) could this be an avenue for the my son's father to sign away his rights and be out of the picture.
1 Answer from Attorneys
Re: relative adopt child/birth father terminate rights
Yes, your father could adopt your son and that would terminate the biological father's rights.