[angelsmum24]

My ex-husband, my daughter's father, is in prison serving a 6 year sentence after being court martialed for assault and battery on a minor under the age of 16 and inflicting greivous bodily harm on a minor under age of 16.

However, it was not our daughter, but the 9 month old baby of a dear friend.

I am remarried and my husband would like to adopt my daughter. My ex has been locked up since my daughter was 18 months old and still has 2-4 years left on his sentence. My daughter will be 4 next month.

The divorce decree states no visitation between him and daughter until further order of the court. I also have other documentation from a psych eval prior to his court martial, a letter from CPS and some excerpts from his court martial.

However, everything I've found for child abuse as grounds for termination states abuse of their own child. Can we still use that against him even though it was not his child? We are in IN.

[Suzi1972]

First here's a link for you to look at..

http://www.in.gov/judiciary/center/p...le/juvterm.pdf

I guess the first question would be do you think there is a chance that he would consent to the adoption? He can be reminded that once he's out of jail he can be taken to court for support and be reminded that there is not any visitation until a court orders it and that you will fight it. I'm not saying 'strong arm' him but let him see the light of the situation.

If in fact the above isn't possible you might just have a hard time. No, he's not had contact and although Yes, it's technically his fault, in another way it's not. I mean he is in jail. Please don't think I'm defending him in any way, just letting you know how a judge 'could' look at it.

I know what he did was awful but as sick as it sounds there are many places that because the person didn't do it to their own child or put their own child in harms way they get at least supervised visitation.

You're best bet is to call and try to get a free consultation with an attorney.