Rights my oldest child father has; He has moved to Tasmania

[tiff87]

Hello, I have been searching fo info on this matter im in and have had no luck with getting the relevant answer that I need. I have 3 children and I am married, but my oldest child was born before I met my husband when I was in a young relationship. needless to say it didn't last long and I have always had issues with my ex seeing his daughter. Now my question is my husband wants to adopt my oldest and I havnt heard from her father in a yr and havn't seen him since december 2010. He has also moved to Tasmania and I do not have a contact number or address. Is there any legal way of adoption without him having to agree to it due to the distance he has moved or the no contact for a long time fame? any response would be greatly appreciated.

[AFFA]

I wish to inform you that if paternity with the father has been established then consent of father will be required. Further you can file a petition for termination of paternal rights against father and can have court order. After court order your husband can adopt the child.

AFF

[tiff87]

thank you for your input, that helps me out a great deal, the only thing is how do you start the process of taking it through court, as I have never had to deal with this type of situation before.

You either need to get a lawyer or start researching the child, custody, paternity and adoption laws in your state. You also will need to hunt down the trial and evidence rules for your state. Representing yourself when you are a non-lawyer can be a challenging endurance test.

[Friend In Court]

Originally Posted by tiff87 Hello, I have been searching fo info on this matter im in and have had no luck with getting the relevant answer that I need. I have 3 children and I am married, but my oldest child was born before I met my husband when I was in a young relationship. needless to say it didn't last long and I have always had issues with my ex seeing his daughter. Now my question is my husband wants to adopt my oldest and I havnt heard from her father in a yr and havn't seen him since december 2010. He has also moved to Tasmania and I do not have a contact number or address. Is there any legal way of adoption without him having to agree to it due to the distance he has moved or the no contact for a long time fame? any response would be greatly appreciated.

Termination of parental rights is a serious matter and courts are usually reluctant to do so without proper notice and opportunity for the person to respond and contest the proceedings.

You need to check your local rules of court to see if they allow service of notice by publication in such cases. Publication requires publishing in the legal notice section of a newspaper that an action is pending to terminate parental rights for a prescribed number of times. Only after notice is attempted can the proceedings go forward.

I would suggest you consult with a family law attorney to see what is required in your jurisdiction for notice in such cases.