Tennessee Step Parent Adoption

[lkbTN]

What is the name of your state (only U.S. law)? Tennessee

Can anyone point me toward resources where I can find information on step-parent adoptions in Tennessee so that I might understand it better before seeking the services of an attorney?

Bare bones, with as little extra details as possible, of what this is regarding:

My husband would like to adopt my six year old child. In 2005/2006, I was on state assistance (Medicaid and Food Stamps) and my daughter was receiving Medicaid as I did not have access to other insurance. The state requested a DNA test from the potential father to seek child support, I complied and provided them with father's name. Daughter's Dad was proven by DNA test in 2007 to be natural father, pays child support through State of TN, sees the child 1-2 times per year since meeting her for the first time in June 2007. He does not contact the child at any other time and declines offers to see and talk to her at other times.


Thank you in advance and I am more than willing to answer questions.

 

[Kathy in Al]

What is the name of your state (only U.S. law)? Tennessee natural father, pays child support through State of TN, sees the child 1-2 times per year since meeting her for the first time in June 2007. He does not contact the child at any other time and declines offers to see and talk to her at other times.


Thank you in advance and I am more than willing to answer questions.

If he is abiding by the visitation agreements and paying the support Not much can be done. If your child is of the majority age (in TN) you can petition the same judge and just let your child speak for herself. Look into parent alienation the child is the one being harmed by his actions. Best wishes for you.

 

[stealth2]

If your child is of the majority age (in TN) you can petition the same judge and just let your child speak for herself. Look into parent alienation the child is the one being harmed by his actions. Best wishes for you.

The child is six.

And parental alienation is something completely different.

 

[Kathy in Al]

The child is six.

And parental alienation is something completely different.

If the child is being harmed by this then the mother will have higher ground to TPR and let the man that is raising and loving the child adopt. Parent alienation is not just when one parent keeps the other parent from seeing the child as people we tend to alienate ourselves every day by our choices.

 

[ecmst12]

Well dad clearly hasn't abandoned the child and isn't dangerous to her so the only way your husband can adopt her is if dad consents.

 

[TNBSMommy]

Have you asked the father if he'd be willing to let your husband adopt your child? Does the father HAVE court ordered visitation? And if so, what do your court papers state regarding visitation.


This is the statutes for terminating parental rights.
http://www.childwelfare.gov/systemw...e/index.cfm?event=stateStatutes.processSearch


these are the TN adoption statutes.
http://www.childwelfare.gov/systemw...e/index.cfm?event=stateStatutes.processSearch


Good luck!

 

[Silverplum]

If the child is being harmed by this then the mother will have higher ground to TPR and let the man that is raising and loving the child adopt. Parent alienation is not just when one parent keeps the other parent from seeing the child as people we tend to alienate ourselves every day by our choices.

Please provide a state-specific legal citation for your statement.

 

[lkbTN]

Thank you everyone for your responses. Now to answer some of the questions posed,

1.) Dad does not have court ordered visitation and I have always tried to ensure that he is invited to birthday parties, school events, dance recitals, scouting events, sports, etc.. I am very clear on the fact that he has not abandoned her, he does see her in April for her birthday party and May for her dance recital.

I want to stress that I don't have the typical problems that I read a lot about. Dad is a very nice man. I'm not bothered by his lifestyle (man in his late 20's that goes out on the weekend), he's not a druggie, only drinks in moderation, his younger daughter is very well taken care of, it's really a matter of he has almost zero interest in our daughter- but when he is around, he's really nice to her. I can't make him parent her and when I've brought up being around more, he ignores it.

We live 100 miles apart, and I have offered to take her to him and me hang out doing something else while they see each other, and told him that he is always welcome in our home to visit with her, or we could meet at the park, and I would leave them alone for time together but he always declines. I know that I am responsible for fostering a relationship between the two of them, but I'm honestly at a loss as what to do or what else I can do. I even offered to pay for counseling, but that was also declined.

Stepdad does want to adopt her, and knows that it probably will not happen without Dad's consent. That's why I'm asking questions and we're meeting with a lawyer. Could be that it would be in our daughter's best interest for some sort of structured custody, but Dad has said before that he's not interested in having custody of her. Which leads me back to being at a loss.

Thank you again everyone for your feedback. It is very appreciated.

 

[TNBSMommy]

I may have missed it, but have you actually asked Dad if he would consent to Stepdad adopting?

 

[lkbTN]

No, I have not. I asked Dad if he wanted an actual custody agreement through the court specifying when he could have her and he told me that he did not. I asked if he wanted to work out an informal schedule where he could see her more, he declined. I have not asked him about my husband wanting to adopt our daughter.

 

[TNBSMommy]

It'd be way easier if he consents, otherwise you'll have to involuntarily have his rights terminated so stepdad can adopt. Since he's shown no real interest in her, other than, what, twice a year, he may just consent.

Even though he IS paying support, the fact he only sees her 2 times a year and has not shown any interest in visiting her more, could POSSIBLY be grounds for having his rights terminated...

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Code § 36-1-113

Termination of parental rights must be based upon:
A finding by the court by clear and convincing evidence that the grounds for termination of parental or guardianship rights have been established.
The termination of the parent's rights is in the best interests of the child.
Initiation of termination of parental rights may be based upon any of the following grounds:

• Abandonment by the parent has occurred.
• There has been substantial noncompliance by the parent with the permanency plan or a plan of care.
• The child has been removed from the home of the parent for 6 months and:
• The conditions that led to the child's removal that in all reasonable probability would cause the child to be subjected to further abuse or neglect still persist.
• There is little likelihood that these conditions will be remedied at an early date so that the child can be safely returned home in the near future.
• The continuation of the parent-child relationship greatly diminishes the child's chances of early integration into a safe, stable, and permanent home.
• The parent has been found to have committed severe child abuse against the child who is the subject of the petition or against any sibling, half-sibling, or any other child residing temporarily or permanently in the home of the parent.
• The parent has been sentenced to more than 2 years' imprisonment for conduct against the child who is the subject of the petition, or for conduct against any sibling, half-sibling, or any other child residing temporarily or permanently in the home of the parent.
• The parent has been incarcerated for 10 or more years, and the child is under age 8 at the time.
• The parent has been convicted of the intentional and wrongful death of the child's other parent or legal guardian.
  
• The parent has been found to be mentally incompetent to provide for the further care and supervision of the child.
• The parent has failed, without good cause or excuse, to pay a reasonable share of prenatal, natal, and postnatal expenses involving the birth of the child.
• The parent has failed, without good cause or excuse, to support the child in accordance with the child support guidelines.
• The parent has failed to seek reasonable visitation with the child, and if visitation has been granted, has failed to visit altogether, or has engaged in only token visitation.
• The parent has failed to manifest an ability and willingness to assume legal and physical custody of the child.
• Placing custody of the child in the parent's legal and physical custody would pose a risk of substantial harm to the physical or psychological welfare of the child.
• A birth father has failed to file a petition to establish paternity of the child within 30 days after notice of alleged paternity by the child's mother.

 

[lkbTN]

Thank you so much for the information. I am in the process of trying to get in touch with Dad to get him to meet with me about the issue. However, in the meantime the information helps out a lot. I'll let everyone know how it turns out. All of you were a big help. Thanks!

 

[TNBSMommy]

you're welcome! Sorry I didn't realize til I was posting last night that the links I put wouldn't take you right to the statutes, and would only take you to the search engine part, that's why I copied and pasted.

If he seriously has no interest in being a part of her life, he may consent knowing he won't be on the hook for CS anymore.

 

[lkbTN]

It's ok, I'm just grateful for the info. I'm kind of at a standstill, Dad went to Bonnaroo (lol) and my lawyer is on vacation. Maybe I should have went somewhere too! I am grateful for your help though. Thank you.