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biological father comes back

 
 
Reply Wed 17 Sep, 2008 10:53 am
I had my daughter in December of 2001. I was in a relationship of three years with her Father. When I was pregnant, he became addicted to crack/cocaine and needless to say, we broke up. He moved across the country to live with his parents. He called over the next 4 months, there was a huge pause, and then I got a message from him on my daughter's second birthday. My daughter is now almost 7 and we have not heard from him since.

In 2003, I began dating another man and I married him two years ago. He has been my daughter's Father in every way for 4.5 years now. We always knew that he would ultimately make it official and adopt her, however, we knew that her biological Father was out there somewhere and it always kind of gave us the creeps.

We finally went ahead and filed a petition for my daughter's biological Father to relinquish his parental rights and allow my husband to adopt her. I held my breath because even though he has had no contact in all of this time, I remember him saying to me when she was 4 months old, that no matter what, he would never give up his rights to his child.

Sure enough, my attorney sends him the notice and I get an e-mail from his other child' Mother, that he wants to speak to me. Of course, I am not going to call him. He will have to go through the system if he wants to fight this, BUT now I am just frozen with fear. I am wondering if I should have just left things alone. What if he wants to see her now?

Does anyone know what the laws in KS are about this? My attorney initally told me that even if he does fight it, he would have to prove that he has had contact in the last two years. If he can't do that, then he has no chance. I am starting to question that. Anyone have any thoughts?
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Type: Question • Score: 4 • Views: 3,243 • Replies: 3
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Rockhead
 
  1  
Reply Wed 17 Sep, 2008 10:57 am
@infodrive,
Ticomaya may be able to help...

My unlegal opinion is that if he wants to pay support, and is biologically the father, then you are going to have to work with him if he wants rights.

(I am in KS)
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Ticomaya
 
  2  
Reply Wed 17 Sep, 2008 11:10 am
@infodrive,
Quote:
K.S.A. ยง 59-2136

KANSAS STATUTES ANNOTATED
CHAPTER 59.--PROBATE CODE
ARTICLE 21.--ADOPTION
KANSAS ADOPTION AND RELINQUISHMENT ACT
59-2136. Relinquishment and adoption; proceedings to terminate parental rights.


(a) The provisions of this section shall apply where a relinquishment or consent to an adoption has not been obtained from a parent and K.S.A. 59- 2124 and 59-2129, and amendments thereto, state that the necessity of a parent's relinquishment or consent can be determined under this section.

(b) Insofar as practicable, the provisions of this section applicable to the father also shall apply to the mother and those applicable to the mother also shall apply to the father.

(c) In stepparent adoptions under subsection (d), the court may appoint an attorney to represent any father who is unknown or whose whereabouts are unknown. In all other cases, the court shall appoint an attorney to represent any father who is unknown or whose whereabouts are unknown. If no person is identified as the father or a possible father, the court shall order publication notice of the hearing in such manner as the court deems appropriate.

(d) In a stepparent adoption, if a mother consents to the adoption of a child who has a presumed father under subsection (a)(1), (2) or (3) of K.S.A. 38- 1114 and amendments thereto, or who has a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction, the consent of such father must be given to the adoption unless such father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition for adoption or is incapable of giving such consent. In determining whether a father's consent is required under this subsection, the court may disregard incidental visitations, contacts, communications or contributions. In determining whether the father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition for adoption, there shall be a rebuttable presumption that if the father, after having knowledge of the child's birth, has knowingly failed to provide a substantial portion of the child support as required by judicial decree, when financially able to do so, for a period of two years next preceding the filing of the petition for adoption, then such father has failed or refused to assume the duties of a parent. The court may consider the best interests of the child and the fitness of the nonconsenting parent in determining whether a stepparent adoption should be granted.

...

(h) (1) When a father or alleged father appears and asserts parental rights, the court shall determine parentage, if necessary pursuant to the Kansas parentage act. If a father desires but is financially unable to employ an attorney, the court shall appoint an attorney for the father. Thereafter, the court may order that parental rights be terminated, upon a finding by clear and convincing evidence, of any of the following:

(A) The father abandoned or neglected the child after having knowledge of the child's birth;

(B) the father is unfit as a parent or incapable of giving consent;

(C) the father has made no reasonable efforts to support or communicate with the child after having knowledge of the child's birth;

(D) the father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior to the child's birth;

(E) the father abandoned the mother after having knowledge of the pregnancy;

(F) the birth of the child was the result of rape of the mother; or

(G) the father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition.

(2) In making a finding whether parental rights shall be terminated under this subsection, the court may:

(A) Consider and weigh the best interest of the child; and

(B) disregard incidental visitations, contacts, communications or contributions.

(3) In determining whether the father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition for adoption, there shall be a rebuttable presumption that if the father, after having knowledge of the child's birth, has knowingly failed to provide a substantial portion of the child support as required by judicial decree, when financially able to do so, for a period of two years next preceding the filing of the petition for adoption, then such father has failed or refused to assume the duties of a parent.

(i) A termination of parental rights under this section shall not terminate the right of the child to inherit from or through the parent. Upon such termination, all the rights of birth parents to such child, including their right to inherit from or through such child, shall cease.


(I am not in Kansas anymore.)
0 Replies
 
boomerang
 
  1  
Reply Wed 17 Sep, 2008 02:00 pm
@infodrive,
What if he wants to see her ten years from now even if your husband does adopt her?

What I'm saying is don't let fear freeze you or you will live your life frozen.

It sounds like you are on solid legal footing.

Talk to your attorney to see if Kansas has a psychological parenting provision in it's custody law. Your husband could most likely easily meet the burden to prove himself a psychological parent and, if so, it would then turn to the bio-dad to show that he is more "fit" to parent than your husband. Seeing that he has had so little contact I doubt he could do that.

Good luck!
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