[jlawfam]

Can anyone help us with adoption laws in Tennessee?

My husband and I have been married for over 5 years. We have two children from our marriage. I have two daughters from a previous marriage. Their father's visitation was suspended about 2 1/2 years ago because of "emotional abuse" (my term, not the court's). In order to get his visitation back, he was supposed to go to counseling with the girls. He started, but never completed it. The counselor recommended that visitation not be resumed. They haven't visited him outside of counseling in 3 1/2 years. He is about $2500 behind in child support and has never paid it willingly. He calls about twice a year. My girls don't want anything to do with him and refuse to talk to him anymore when he does call. They both want my husband to adopt them. They want to have the same last name as the rest of us. My husband wants to adopt them and would gladly do that but we're not sure how to have my ex's rights terminated. We have no communication with him - we're not even sure where he lives. He maintains with the court that his address is that of his parents. So that's where any correspondence goes. I'm sure he would never agree to give up his parental rights, even though he doesn't see or talk to the girls and when he did, he treated them badly.

We currently live in Michigan, but are moving to Tennessee this month. I have learned that we need to establish residency for 6 months. Does anyone know if I have a case to have the children's father's rights terminated? Does anyone know what the abandonment rules in Tennessee are?

Any help would be greatly appreciated!

jlawfam

[travnebeth]

I am not sure how the following would apply to your case since your case did not originate here in TN. First of all, I am pretty sure that you must provide written info to your ex regarding your move. Legally he must be given I think 30 days to contest the move. If he doesn't respond, then you are allowed to relocate provided you provide written statement of your knew address to the ex. Make sure all of the above is notarized and sent via certified mail to his last known address. That way, if his parents dont accept it, it will be sent back to you, thus you have legal proof that you covered all of your bases. Next, once you are all settled in your new residence, give him at least four months to contact you, send support, etc. Document everything, even if there is nothing, cover all your bases. You can file for termination of parental rights with a miniumum of four months of lack of parenting from the ex. With a step parent adoption here in TN, Termination of Parental Rights can be filed in congunction with the Adoption. Thus, once his rights have been terminated, Your husband becomes their legal father. It sounds easy, but if it is contested by the bio, it becomes much more complicated. Hope this helps, its just the rundown.