[aaplin]

I have a question concerning termination of parental rights and adoption. I live in Illinois.

My son is 6 years old and we have not had contact with my son’s father in several years; he is currently serving time in prison for trafficking drugs.

Prior to his incarceration, contact with the biological father was minimal. We never knew where he was, he would just call every once in a while (2-3 times per year). I took him to court in 1999 for child support, which he has not paid. He does not have any visitation rights and did not pay child support (in fact, before his arrest he owed over $15,000.00).

I am wondering how difficult it would be to terminate his parental rights. Does it matter that he is incarcerated? Do I have to wait until his release date?

I have remarried and my husband wants to legally adopt my son and have his last name changed to ours. I am afraid my ex, however, will try to dispute this, which is why I feel I should terminate his rights first?

Is this generally the procedure?

edited to add: will my ex still be responsible for the unpaid child support? or will he be free and clear of that $15,000?

[Teresa K]

In any states I have checked child support is wiped off if a child is adopted, but it seems recently someone was saying that is not always the case. You would not have to wait for his release but if he should decide to fight it there would be delays, same as with any situation. Check abandonment laws in your state. Even if he is incarcerated he has ways of attempting to make contact. Letters, anything will count.

Many will gladly relinguish, as if he should be paroled, one condition is nearly always child support payments made.

Good Luck, Teresa

[#1Mommy]

In our state (and I know all states are different) we can sue for the back child support owed up until the day of the adoption. I would advise you to check the laws in your state or to consult with an atty about it. Hope this helps...

[aaplin]

Thanks for all the advice!

I would hate for him not owe that money. I should probably just let it go, but I can't. I have supported us for the last 6 years and will continue to do so, but I haven't been able to put any money away for my childs education. I think my son deserves that money.

If my ex would relinquish his rights without a big fight, I think I would be able to let it go though. I feel at times that we just need to break free and move on with our lives.

thanks again.

[patrisha]

If my ex would relinquish his rights without a big fight, I think I would be able to let it go though. I feel at times that we just need to break free and move on with our lives.

That is what I did. My ex was not in prision but he did owe considerable back support when we decided to have my adopted formerly adopter my daughter.

The bad thing is that prisoner's are entitled to free legal help that he could use to fight the TPR. The carrot of letting him off the hook for back support might be worth it to get him to sign off, so you can move on hassle free.

Good luck, it's the best move I made.

Trish

[jenimills]

In Texas, they do not wipe out the back child support.