QUESTION
Will it really be that difficult to adopt even after the father abandoned the child?
Asked on Mar 17th, 2014 on Child Custody - Idaho
More details to this question:
My daughter has a son who is almost 4 years old. She has been married for 3 years and has a second son. She lives with her husband and children. Her husband wants to adopt the 3 year old. The biological father is not around and she hasn't heard from him in over 2 years. She has received no child support during this time. They saw one lawyer who basically told them the biological father has rights and it will be very difficult and costly to fight for full custody and adoption. They are making appointments with other lawyers to try to find a better one. Seems to me if he isn't interested and can't be located it would be easier.
4 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's not that difficult in an adoption to terminate a parent's rights where he has totally abandoned the child.
Answered on Mar 21st, 2014 at 2:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are correct. If there is no opposition it should be simple and not too expensive. If he fights the sky is the limit.
Answered on Mar 20th, 2014 at 2:02 PM
You are correct. If the father cannot be located she has the option of giving him notice at this last known address as well as notice through publication, which will have to run 4 weeks in the newspaper. Afterwards, the attorney will petition the court to terminate his rights. If he does respond, he can simply sign away his rights for the purpose of adoption. You can't fight a person who isn't present.
Answered on Mar 20th, 2014 at 2:00 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Every state is different. However, I would think that abandonment could be proved fairly easily. There may still have to be a home visit, but that would occur in almost any adoption.
Answered on Mar 20th, 2014 at 1:58 PM