Update and Question
After an interesting roller coaster I have full custody of my children who are now 4 and 5.
Me and my children's bio father were court ordered to mediation, which we both went to and I paid $200 for, and he had to pay $200. During the first meeting, we came up with a custody agreement stating that I had full physical custody, we shared legal custody and he got weekend visitations at his mothers house. I offered him holidays and every other birthday, like a typical custody agreement would have in it. He refused these offers. The mediator that we had said she would go home, type up the agreement and we would sign it at the next meeting. When we got there, he said he was afraid of me and that his dad (the kids grandfather) would not let him agree to the custody arrangment because me and the mediator were being manipulative. My children's father is 34. Mind you I did not speak to this man at all for two months before mediation, or anytime after mediation. We were released at separate times and were escorted to our cars. (This is the requirements of the facility to keep the parties apart and prevent bickering.) The second person is allowed to leave after the first car exits the parking lot. Which all make sense to me, because divorces can get ugly.
Anyway, because he said he was afraid of me they had to drop the mediation. They cannot mediate a situation where one person is afraid of the other. Myself and the mediator thought it was an avoidance tactic but all in all it is policy.
We were then sent a court date for 3 months down the road. I get a call from my attorney 4 days before the court date was scheduled. It appears for some unconventional reason, they dropped the case. This even confused my attorney, she said it was completely out of left field and she just got the order. She had never seen them drop a case because one party backed out, and especially not this close to the court date.
After that I received a letter stating that since the other party was no longer interested in pursuing the case that I was awarded full custody.
In May of this year, (2011) he reappeared. He said he wanted to start seeing the children. Mind you, he had not seen them for 11 1/2 months. I am not one to deny my children from knowing their father and I had high hopes of him actually being a father to them. The children's grandmother was supposed to be there so I agreed. He took them swimming at the YMCA and made them dinner and brought them home. I thought it was a good test run. He arranged to see them two weeks from that, which would have been his every other weekend, originally offered to him. He never showed up. (thank goodness I did not tell the kids).
He called me and told me that he could only see them one day a month and would rather build up from there. I told him that the children needed a steady person in thier life and if he was not there for them more than 5 hours a month, it might confuse them since they are so young. I tried offering alternative solutions and working around his schedule, he refused every offer I made. So I gave up.
We have not heard from him since that phone call and his the children's grandmother (their dad's mom) says he has no intentions of coming back around until they are teenagers and able to make their own decisions on who they want to live with. I of course see serious confusion in the future for both of my children.
Anyway, I am getting married at the end of this year, and I am expecting another baby in January. My fiance and I have discussed this and he really wants to adopt my two children. To do this, I must first terminate their fathers rights. Do I have grounds to present this in front of court and terminate his rights? Or would their bio father have enough grounds to keep his rights?