Questions about adoption/adoption laws?
Find answers to your legal question.
Questions about adoption/adoption laws?
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I recently got married and my new husband wishes to adopt my daughter who is now 10 years old. It was our plan all along. the thing is we met with an attorney already and he said that we have to find an address for my ex husband who is her biological dad. My daughter and I have not talked to him since Christmas day of 2006. I have no clue where he lives. His mother is deceased, his father was long gone before we even got married and had my daughter, and the aunt that i know where she lives is not receptive to giving me any info (address of phone number). What can we do? I was told by several people that if i place an ad is the newspaper of the city that i know he last lived in and run the ad for so many weeks that could serve as notice? Does anyone know if that is true? If it helps, my husband and I live in Kentucky, and my ex lived last in west virginia, which is where i am assuming he still does.
Also, my ex has never paid a penny of child support. The attorney said that that would be very helpful for our case.
Additional Details
White pages will not help. He doesnt work, has no drivers license, and no credit for a cell phone or anything else for that matter. Also, I realize I won't get this solved here and need my attorney, I just am hoping for some extra info, so no smart a** answers.
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kidmindi
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One legal way of trying to serve someone notice of legal action is to run an ad in the paper of the city you last knew they lived in. In most states this must be done for 30 days. Ask your lawyer about the time limit in your state.
Another way that courts recognise as an attempt to serve papers is to send a regestered letter containing the court papers with the date of the court action, to the last known address, even if you know they no lnger live there. When it is returned as undeliverable, there is your proof that you tried to serve them. Most courts require 2 attempts to serve.
Your lawyer should be helping you with the attempt to serve. If they aren't maybe you should be looking for another lawyer....
If your ex has not paid child support or tried to contact your daughter in a year, then it is considered legal abandonment and you should be able to have his rights terminated on those grounds and you may not have to serve him. I would say talk to another lawyer. This is stuff your lawyer should be telling you and helping you with. |
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Steve Grossman
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If you post it in a public areana where there is a reasonable suspision that he would easily be able to find it, then yes, that does count. Also, adresses are public information, perhaps a white pages or something along those lines could help you. |
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cricketlady
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In Illinois the ad is published in the paper of his last known address and that suffices---as you said.
I don't agree that his not paying child support will help in your case---that's like comparing apples and oranges--not the same thing.I believe that publishing the ad and presenting it in court will solve your problem. |
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Rosie
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Advertising to give him notice is the last resort after you try very hard to find him. Looking for him is what is called due diligence. Last known address will suffice.
A family law attorney knows how to do the process, properly so the adoption will be legally binding.
Look Auntie up on a people finder website and her kin will be listed over on the right side. Pay the fee or log in for the free trial and get the info. |
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dancing_smurf
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That is a question that your attorney will have to answer for you, not Yahoo! Answers. |
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