Legal Question in Family Law in Wisconsin

Adoption without permission of ex

My ex has never been able to keep a job or a steady place to live. He drinks a lot which led to him not being allowed to drink before or during visits with the kids as stated in our divorce decree. He has never had a drivers license and can not get one until back support is paid. He is now behind by over $5,000. He does not keep in touch and at time we don�t know where he is. There has been up to 2 years between visits. There is a warrant for his arrest in a different state which will lead to @ least 1 year if picked up. He just got out of jail in February 2007. Concerns of what will happen to the kids if I have an untimely death have come up due to a situation that happened to a very close friend. Their safety is our main concern because of the life style my ex chooses to have. Child support, including arrears, inheritances, S.S. benifits and all other things they would receive from the death of my ex are not concerns. He has chosen not to be a part of their lives right now and his family has also. Can my husband adopt my older kids for their well being without my the permission of my ex? I do not believe he will give permission even if we could contact him about it. What can we do and how can we do it?


Asked on 5/29/07, 7:00 pm

1 Answer from Attorneys
Thomas Olson David F. Gram & Associates, LLC

Re: Adoption without permission of ex

Sec. 48.415 Wis. statute provides, among other, the following grounds for involuntary termination of parental

rights:

"Grounds for termination of parental rights shall be one of the following:

(1) ABANDONMENT * * * which * * * shall be established by proving any of the following:

* * *

3. The child has been left by the parent with any person, the

parent knows or could discover the whereabouts of the child and

the parent has failed to visit or communicate with the child for a

period of 6 months or longer."

However even if the court finds grounds for an involuntary termination, under WIs. Stat. 48.427 The court may dismiss the petition if it finds that the evidence does not warrant the termination of parental rights.

So first you need grounds and then you have to convince the court that termination is in the best interests of the child.

As you describe the facts, it sounds like you have a good chance for success. But you need to consult with an attorney to fully assess the facts and the cost to proceed.

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Answered on 5/30/07, 9:11 am


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