Legal Question in Family Law in Tennessee
Child's Rights in Adoptions
My ex-husband and I both lost custody of our son when he was a toddler. Ater we were divorced, I went back to court and regained custody. I am now re-married and live in Ms. My Ex- husband's mother was granted visitation by Tn. and no real contact has been made by them in almost 3 yrs. The father has been ordered support but does not pay and hasn't seen my son in 3 yrs. My ex-husband has never been re-established as a fit parent and the only visitation on record for him is 2hrs. supervised per month at the DHS in Tn. My son has asked for my husband whom he calls "Daddy" and whom is recognized by everyone he associates with as his dad, to adopt him. My husband also wants this and this has become an issue for protecting his inheritances. There were also some past sexual abuse allegations made against my ex-husband by the previous foster parents while he was a ward of the state and the task force assigned concluded that something had taken place. My son will be 13 in a few months, doesn't he have a right to choose for himself and which state has jurisdiction? We have both been living in Ms. for about 6yrs. now. How would I procede to make this happen for my son?
1 Answer from Attorneys
Child's Rights in Adoptions
Please note that I'm licensed in Tennessee, and not Mississippi, but in answer to your questions, NO, a child does not have a right to chose which state has jurisdiction.... and neither do you. Jurisdiction is determined by state (and federal) law, not personal preference.But from what you have said, it would appear Mississippi would have jurisdiction, though it is possible that you could file a petition to terminate the father's parental rights whereever you would find the father.Contact an attorney there about an adoption.
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