step parent adoption-Missouri

[justalayman]

Not at all. I asked him to be involved and contacted him multiple times after her birth. He continuously let us down. I didn't want him being forced into being a parent and her getting poor care if something happened to me.

Of course your lawyer told you that even if he was determined to be the father, should something happen to you and he had not been in the child's life and chose to continue to not be involved with the child's life your parents could still be awarded guardianship, right?


The problem is your intent was keep the father out of the child's life even with your stated claims you attempted to involve the father.

 

[Ohiogal]

Not at all. I asked him to be involved and contacted him multiple times after her birth. He continuously let us down. I didn't want him being forced into being a parent and her getting poor care if something happened to me.

But you didn't do it legally. You didn't care that much. You CHOSE him to be the father and you did nothing to establish paternity. Expect that the court will allow the father a chance to be a father -- even with your alienation and your moves at trying to prevent it.


You are NOT a good mother. You slept with this person and yet did NOTHING legally. PATHETIC.

 

[latigo]

You should try by regular mail to his mother's home. And address it to him in her care and mark it legal documents on the envelope. Have the court send it by regular mail. After that, you should be able to request to file notice by posting.

Pardon me, but that is unalloyed, misleading rubbish!

There is nothing in the Revised Missouri Statutes contemplating that substituted service of process can be effected in any judicial proceedings, including a petition for adoption, by "regular mail" or at the hands of the petitioner or moving party!

Nor is there any such thing as effecting substituted service of process by your so-called "posting"! Nor can anything be effectively accomplished in this context by mailing "in care of".

Try reading some law for a change. (You seem to have ample free time at your work station.) Here try RSMo Section 506.160.1 Service by mail or publication.

There you would find that substituted service by mailing is solely the responsibility of the clerk of the court. Who upon receiving the appropriate affidavit or verified petition effects substituted service "by mailing a copy of the summons and petition by registered mail (RR) signed by addressee only addressed to the respondent at the address furnished by the petitioner".

And if the petitioner by means of the verified petition or separate affidavit verifies that the present address of the respondent is unknown, the clerk, if requested, thereupon issues an order for publication of "a notice to the person concerned of the commencement of the proceeding and stating briefly the object and general nature thereof, etc. "

But again to advise the poster that she can accomplish serving notice on the reputed father of the pending adoption proceeding by "posting" some form of notice is irresponsible and falsely misleading. Registered mail and publication is the only means of effecting service in lieu of personal service . And if you'll read the Missouri adoption statutes you will learn that such service either personal or if necessary substituted, shall be in accordance with RSMo Section 506.160.
_____________________

AND most revealing is that the above is true in your state of Ohio!

Ohio Rules of Civil Procedure

Rule 4.1 Process: Methods Of Service (A) Service by clerk (1) (a) " . . . clerk shall deliver a copy of the process and complaint or other document to be served to the United States Postal Service for mailing at the address set forth in the . . . etc."

Rule 4.4 RULE 4.4 Process: Service by Publication
(A) Residence unknown. " . . . the clerk shall cause service of notice to be made by publication in a newspaper of general circulation in the county, etc. "

And no where in those Ohio Rules is there any mention of substituting personal service of process by "posting"!

 

[LdiJ]

But you didn't do it legally. You didn't care that much. You CHOSE him to be the father and you did nothing to establish paternity. Expect that the court will allow the father a chance to be a father -- even with your alienation and your moves at trying to prevent it.


You are NOT a good mother. You slept with this person and yet did NOTHING legally. PATHETIC.

As much as I respect your passion for the best interest of the child I think that this response was patently unfair. It was not her job to force him to be a father, it was her job to encourage him to be a father which she did. He chose not to step up to the plate. There was no alienation of any kind here. She had no legal obligation to do his job for him.

Sometimes you let your passion for the assumed best interests of the child get in the way of legality. Its not always in the best interest of a child to attempt to force someone into being a parent...and sometimes its really in the best interest of a child to allow someone who actually wants to be a parent to become one.

Your earlier responses on this thread made more sense.

 

[Ohiogal]

Pardon me, but that is unalloyed, misleading rubbish!

There is nothing in the Revised Missouri Statutes contemplating that substituted service of process can be effected in any judicial proceedings, including a petition for adoption, by "regular mail" or at the hands of the petitioner or moving party!

Nor is there any such thing as effecting substituted service of process by your so-called "posting"! Nor can anything be effectively accomplished in this context by mailing "in care of".

Try reading some law for a change. (You seem to have ample free time at your work station.) Here try RSMo Section 506.160.1 Service by mail or publication.

There you would find that substituted service by mailing is solely the responsibility of the clerk of the court. Who upon receiving the appropriate affidavit or verified petition effects substituted service "by mailing a copy of the summons and petition by registered mail (RR) signed by addressee only addressed to the respondent at the address furnished by the petitioner".

And if the petitioner by means of the verified petition or separate affidavit verifies that the present address of the respondent is unknown, the clerk, if requested, thereupon issues an order for publication of "a notice to the person concerned of the commencement of the proceeding and stating briefly the object and general nature thereof, etc. "

But again to advise the poster that she can accomplish serving notice on the reputed father of the pending adoption proceeding by "posting" some form of notice is irresponsible and falsely misleading. Registered mail and publication is the only means of effecting service in lieu of personal service . And if you'll read the Missouri adoption statutes you will learn that such service either personal or if necessary substituted, shall be in accordance with RSMo Section 506.160.
_____________________

AND most revealing is that the above is true in your state of Ohio!

Ohio Rules of Civil Procedure

Rule 4.1 Process: Methods Of Service (A) Service by clerk (1) (a) " . . . clerk shall deliver a copy of the process and complaint or other document to be served to the United States Postal Service for mailing at the address set forth in the . . . etc."

Rule 4.4 RULE 4.4 Process: Service by Publication
(A) Residence unknown. " . . . the clerk shall cause service of notice to be made by publication in a newspaper of general circulation in the county, etc. "

And no where in those Ohio Rules is there any mention of substituting personal service of process by "posting"!

You might want to comprehend caselaw. POSTING is allowed for a JOHN DOE or a parent who cannot be found. Try again. You come across as a know it all but I highly doubt you even practice. I have dealt with tracking down people and these are things that I have used that have been upheld by courts.