[listed3]

I wanted to get your advice as to a possible tactic in trying to get a stepparent adoption done. The birth father has never paid a child support, but often does insist on seeing the child, though he doesn't do it when it's not convenient for him. He will resist streneously an adoption petition.

In this jurisdiction, to get a stepparent adoption done you have to prove both that the previous parent has not paid child support and is not likely to pay, and that the adoption is in the best interests of the child. There is one published case here where the court found that the birth father had never paid child support, but did not allow the adoption because the birth father had a relationship with the child, and the court found that it may damage the child to lose contact with one parent.

The reality is, if we go on this way the birth father will just be going back to jail for contempt of the child support order (he's already been once). It will happen just as soon as we file another motion for a contempt citation, and there's really no way he'll pay. In the past he's threatened to flee the jurisidction, or worse, if legal proceedings are initiated.

My question is, does it seem to Machiavellian to tell the court "the child really will have no continuing relationship with this birth father if the adoption is not allowed, because if the adoption petition is denied we'll just be filing another contempt citation and he'll be going back to jail"?

[tgage]

Well, I'd say to initiate legal proceedings on the child support and let him "flee the jurisdiction". When he can't be found and won't accept service of process on anything - file the petition for the adoption.

Check in our state to see what it says about notice. Many state only require that the bio-father be given notice of a pending adoption and if he decides not to respond, the adoption can move on without his consent.

Besides, if you try to pin him down to pay child support and he runs - that doesn't make him look like a very good father, does it. The Judge will probably take a look at that in determining what's best for the child.

Tim