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Stepparent adoption in Kansas

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Christinaja

Junior Member
Kansas

I am a mom of a 9 year old girl. I separated(while pregnant) from my ex husband prior to my daughter's birth due to abusive tendencies by my ex. While he was not physically violent, he wa sshowing signs of escalating towards violence, and I did not want to be a statistic. During our separation, I attempted to involve my ex in the pregnancy. My thought was that just because we were separated, it didn't mean he got off the hook for being a father. However, he showed zero interest. Due to the laws of the state in which I lived at the time(Missouri), I could not pursue divorce while pregnant, so when my daughter was a year old, the divorce was completed and finalized. In the interim, I had met a very nice man, and he has been there since the day my daughter wa born(literally) and was even responsible for purchasing a lot of the baby things she would need. She has grown up knowing him as Daddy. We were legally married a year after the finalization of my divorce.

Under the terms of our divorce decree and custody arrangement, my ex was to pay $290 a month in child support, carry health insurance on our daughter and provide an insurance card to me for her, and we would have joint legal custody with me having sole physical custody. He had visitation rights granted of every other weekend, and rotating holidays.

Over the years, he has not seen our daughter even once. The one time I took her to visit his grandparents, I got a very nasty call from him, and got called names I don't want to repeat here. I have tried contacting him about seeing her, and he still shows no interest. He has been less than forthcoming with insurance information, which is important because my daughter is also autistic. The child support is the least of my concerns, and although I can ask for an increase every three years, I never have. Most recently, he sent me a friend request on Facebook, and then blew up at me over me removing him from my friends list due to a photo he posted that used the word "retarded" as an epithet.

Last night, I had a conversation with my daughter about whether or not she is interested in seeing him. She is high-functioning, and understands what is going on. She has been aware for the last year that he is her biological father even though my husband has been her daddy. She has absolutely no interest in my ex, and I think it would be better for her to not have him in her life. I want to do a TPR and my husband wants to adopt her. It is my thought that my ex-husband's presence in her life would be disruptive and detrimental, and if something were to happen to me, I would want her to go to someone that knows and loves her rather than a complete stranger that clearly doesn't care about her.

Here are my questions:
Would this kind of behavior by my ex qualify as emotional abandonment, and would a termination of parental rights be viable here? I do not think he would have an objection to the adoption...he is more concerned about money.
 


ecmst12

Senior Member
I don't think you will get an involuntary termination of his rights, if he has been paying his child support then it won't be considered abandonment. However you may be able to get the adoption to go through if he agrees. You will need a lawyer - this is absolutely 100% NOT a DIY project.
 

Proserpina

Senior Member
I don't think you will get an involuntary termination of his rights, if he has been paying his child support then it won't be considered abandonment. However you may be able to get the adoption to go through if he agrees. You will need a lawyer - this is absolutely 100% NOT a DIY project.


I fully agree.
 

LdiJ

Senior Member
I don't think you will get an involuntary termination of his rights, if he has been paying his child support then it won't be considered abandonment. However you may be able to get the adoption to go through if he agrees. You will need a lawyer - this is absolutely 100% NOT a DIY project.

I absolutely agree that its not a DYI project...I disagree that there is no chance of an involuntary TPR. However, most likely dad would agree to terminate his rights if for no other reason than to get out of child support, so its probably a moot point. It would certainly be easier and less costly if dad agrees. An attorney is an absolute requirement.

Now...I am going to add some info for you to ponder....

If you and your husband divorce, would you be okay with your husband ending up with primary custody of the child?, or even 50/50 custody or any other arrangement?

If you and your husband divorce, would your husband be okay with paying child support for the child?

An adoption is a permanent thing. Your husband would be equally the child's parent. If you aren't willing to deal with that if you divorce or your husband isn't willing to deal with that if you divorce, then a stepparent adoption shouldn't happen.
 

Proserpina

Senior Member
I absolutely agree that its not a DYI project...I disagree that there is no chance of an involuntary TPR. However, most likely dad would agree to terminate his rights if for no other reason than to get out of child support, so its probably a moot point. It would certainly be easier and less costly if dad agrees. An attorney is an absolute requirement.

Now...I am going to add some info for you to ponder....

If you and your husband divorce, would you be okay with your husband ending up with primary custody of the child?, or even 50/50 custody or any other arrangement?

If you and your husband divorce, would your husband be okay with paying child support for the child?


An adoption is a permanent thing. Your husband would be equally the child's parent. If you aren't willing to deal with that if you divorce or your husband isn't willing to deal with that if you divorce, then a stepparent adoption shouldn't happen.


The boldest is exceptionally important in my opinion.
 

ecmst12

Senior Member
I didn't say there was no chance, I said I didn't think it would happen - in other words, not likely.
 

LdiJ

Senior Member
I didn't say there was no chance, I said I didn't think it would happen - in other words, not likely.

I was basing my opinion on the fact that dad has never met the child at all. I have seen involuntary TPRs happen in that circumstance, even when the absent parent was paying child support. Of course in most of those cases the absent parent didn't contest the involuntary TPR...so again, kind of a moot point.
 

j2487

Junior Member
I'm not sure what the rights are in your state, but my wife here in Indiana has two children whose father had not contacted them at all in over 6 months so she was able to get the state to terminate rights but with the understanding that I would adopt them myself. Good luck to you.
 

TheGeekess

Keeper of the Kraken
I'm not sure what the rights are in your state, but my wife here in Indiana has two children whose father had not contacted them at all in over 6 months so she was able to get the state to terminate rights but with the understanding that I would adopt them myself. Good luck to you.

Kansas is NOT Indiana; if you don't know or can't be bothered to research, don't post. :cool:
 

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