Nashville, IN asked in Family Law, Adoption, Child Custody and Child Support for Indiana

Q: Can I represent myself in the termination of my children's fathers' rights and have my husband adopt them?

Bio father has not seen them in 6 months nor has paid child support in 6 + mo. He has an active warrant. His where about is unknown.

1 Lawyer Answer
Alexander Florian Steciuch
Alexander Florian Steciuch
  • Valparaiso, IN
  • Licensed in Indiana

A: Yes, you can represent yourself. I would not advise it as having an experienced family law attorney guide you through the process can make it go more smoothly and generally move along faster. However, that is your prerogative.

If you have remarried and your new husband wishes to adopt your children you will need the consent of the biological father or have his rights terminated. There are certain exceptions where you do not need his consent. Failure to pay child support or failure to contact the children in a certain time period is one of those exceptions but I believe the time period may be closer to a year than 6 months. It is entirely fact specific to your case.

I again urge you to consult with a family law attorney.

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