Legal Question in Family Law in Indiana
My son is 12. He has inly saw his father 1 time when he was 7. His father has had no cantact in 2 years (phone call). He only pays support when he is taken to court to show cause of why he does not pay or to be released from jail. 2 months ago his wages began being garnished. I have proof that he uses drugs and a picture of him under the influence(it is obvious) and holding his other child. Now His mother whom I have never met or spoke to on the phone only through a few emails has sent an email saying if they have to pay support they want visitation. They live 13 hours away, he uses drugs, is 30 years old with a 19 year old girlfriend, and he and his girlfriend live with his mother. I would like for my husband to adopt our son but he will not reply to my emails, his mother however says, they have paid enough and if they have to pay they want him. What are my ooptions? I don't care about the money, I just want to protect my son. I don't want his bio dad to be a role model in his life. I am in Indiana, they live in S.C. I am not sure if that makes a difference. Thankyou for any advice.
1 Answer from Attorneys
Based on the information provided, it appears that your husband would have little difficulty adopting your child. It may possible that the bioplogical father's consent will not be necessary, but I cannot say for sure with the limited information provided.