January 25th, 2007
Posted By:
Categories: Consent

Continued…

Aside from the emotional support of his or her parents, the child is also going to need financial support, and let’s not forget health insurance. Sometimes it is the stepparent whom has the health insurance, and some large insurance companies will not cover stepfamily members. And while an adoption should never occur simply because the stepparent has more money than the biological parent, if the non-custodial parent is uninvolved, and not contributing to the child financially or otherwise, it is not fair for the child to have to suffer simply because the non-custodial parent does not want to ‘give in.’

By allowing the stepparent adoption to occur, the non-custodial parent is allowing the child the chance to move on. The child will have a second chance to have a stable loving family, someone to call mom and someone to call dad. Having two people whom love and care for you can do wonders for a child whom has been abandoned by their birth parent, heck it can do wonders for anyone!

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Even when resentment and tempers run high, if the parents of a child are able to focus on what it truly important, the happiness and wellbeing of the child, than usually after some time, an agreement is able to be made that is satisfactory to both sides. Sometimes all it takes is a little extra time for each side to let go of old emotions, and to focus on the best interest of the child. Sometimes sadly, an uninvolved non-custodial parent is not willing to budge, and the custodial parent will have to hire an attorney and fight to have the non-custodial parent’s rights terminated.

While it can be costly if the court battle drags out, it is not impossible to have a parents right’s terminated against their will. If they truly have not been involved in the child’s life, for at least a year, or if they are in any way a danger or threat to the child, then their rights can be taken away by the court. The parent whom is petitioning for the adoption and for the termination of parental rights, has the burden of proof, which means if you claim that the non-custodial parent is unfit, you will have to have proof to back it up. If you believe that you may have to fight in court in order to have the non-custodial parent’s rights terminated, then begin gathering evidence and documenting right away. You can never be too prepared for court!

One Response to “When The Non-Custodial Parent Won’t Consent: Part Two”

  1. brittbratt314 says:

    I am new to this site, but desperatly seeking advice from someone who might know how to help me. My son’s biological father is in prison for breking into our home and aggravated stalking steming from a simple assault charge in which he came to my home in an attempt to take my son and assaulted me in the process. Before I get ahead of myself let me give you a little on the background of this situation. The father has been in and out of jail for over 10 years and has drug and alcohol addictions. He was in jail when my son was born and did not get out until my son was about 6 months old. He did go at that time and sign a paternity ackowledgement but he never legitimized him. We seperated about 3 months later and until my son was about a year 1/2 he had very sporatic visits with him and made about 5 $60 child support payments. He was ordered to have no contact with myself or our child for the next 10 years. I have been with my husband since my son was about a year old and he is the only daddy he knows. He is the one to provide ALL support for my child, as I stay at home with our children and he desperatly wants to adpot my son. How does this work? I have a feeling that the father would not agree, just out of pure spite. We are in the state of GA. Does anyone know if I even have grounds for this adoption? Thank you so much!

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