Legal Question in Family Law in Indiana
revoking parental rights
I am a single mother of two. I was divorced from their father over four years ago. He is court ordered to pay child support but has not done so since May 6, 2005. I have no way to contact him or any member of his family. My address and phone number have not changed in 6 1/2 years. I do not even know if he still lives in Indiana. He has had no contact with his children since 5/6/2005 by phone, mail or visitation. My question is, can I have his rights to the children revoked? Also I am getting married in 2008 and he has expressed interest in adopting them. Do I have to be married in order to have the fathers rights revoked? Can I do this prior to getting married?
If I can do this and the father cannot be contacted and does not appear in court, will my request be granted? Do I have to know how to get in contact with him to have this done? Is there legal aide available for this? If not do you know approximately how much this will cost?
Can I get the children emancipated from their father? I was told by a friend that I could place an ad in the paper as a notice that the children are to be adopted by their stepfather. Is this true? And how long does the ad have to be published for?
2 Answers from Attorneys
Re: revoking parental rights
The short answer is that you cannot terminate the father's parental rights. The children could be adopted but not until you are married. Notice does need be given to father of the adoption. You need an attorney for all of this and I have no idea if legal aid would be available.
Re: revoking parental rights
The simplest way to approach this is once you are married, have your new husband adopt the kids. there is a streamlined procedure for step parents.
You would have to contact Legal Aid or your local pro bono district office to deteminr if you are elgible for free legal work.
Your ex would havet to receive notice of any adoption.
There are too many alternatives to be able to provide you with an estimation of costs.
Good luck.
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