Legal Question in Family Law in Indiana
Step father adoption, can it be set aside?
My son was born out of wedlock. He was adopted in Jan. by my husband this year. My husband has been in his life for the last 3 years. A man has came forward claiming he is the natural father, and is suing for paternity. will a judge rule in his favor=granting visitation, since he has not came forward until now? (My son is 4, will be 5 this year).If granted visitation can he take my son out of state, to where this man lives?
1 Answer from Attorneys
Re: Step father adoption, can it be set aside?
Assuming that you and your attorney followed the statute with reference to notice to the father, it is unlikely that the court would set aside the adoption. However, if you ignored the necessity to provide the best notice possible to the father (as in you knew his address, but had the notice published because he was less likely to see it and come forward), then the Court may look at the case differently. You should have your adoption attorney notified of this development if you have not yet done so. He is in a better position to judge how successful the father might be in your local courts.
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