Legal Question in Family Law in Indiana

Termination of parental rights;non-custodial father

My husband would like to terminate his rights for his 3 children, ages 8, 11, and 12. He has attempted this in the past with no luck because his ex-wife won't give consent. Is that absolutely necessary to terminate all rights? He doesn't get to see them but 2-3 times a year or so, making it extremely difficult to establish any kind of relationship. This may sound cruel and harsh, but it feels like they are just a burden. It is a lose/lose situation. Their mother is only concerned about the money. What else can we do to make this happen?


Asked on 2/11/02, 9:27 pm

1 Answer from Attorneys

Dorene Philpot Philpot Law Office

Re: Termination of parental rights;non-custodial father

Generally, a father will be allowed to voluntarily terminate his rights ONLY if the mother has remarried and the stepfather is standing at the ready to adopt the child or children.

If he has not been allowed to see the kids, there are legal mechanisms for him to ensure that he DOES see the kids (contempt route).

But as long as they're his kids and they haven't been approved for adoption by someone else, then he's on the hook for support until they're emancipated.

Hope this information is helpful to you.

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Answered on 2/12/02, 1:36 am


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