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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33703
Experience:  Attorney with 15 years experience
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My brother and I want to file a Termination of Parental

Customer Question

My brother and I want to file a Termination of Parental Rights to our biological father so that we can be adopted by the man we consider to be our Dad. This is the first step in order for us to be adopted, the termination of our biological fathers parental rights. I went to my local county circuit courthouse to get the paperwork to do this but was told that since the petitioner for the adoption lives in another county, that I would have to file the adoption paperwork in his jurisdiction. What county's circuit court do my brother and I file the Termination of Parental Rights from? The counties we live in (which are separate), the county our biological father lives in, or the county we will be doing the adoption from? Thank you!
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me how old you and brother are?

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Will your bio father agree to the TPR?

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thanks

Barrister

Customer: replied 9 months ago.
Thank you so much for your time and help. I am 40 and my brother is 38. Needless to say, we have not seen or spoken to our father in almost 22 years since we last saw him in a courtroom as witnesses for the State's cases against him. I plan on having him served by the AA County Sheriffs Office. Whether he decides to be difficult and not sign the Consents is unknown. My hope is that he will sign them and we can move forward with the adoption. We don't want to have to have a hearing on the matter if he does decide to not consent. He's a convicted sex offender so if it wants to argue it then so be it. Hopefully he will just sign them. Let me know if you need anything else. Happy to do whatever it takes to remove him from my life.
Expert:  Barrister replied 9 months ago.

Ok, then you don't need a termination of parental rights determination by the court. He doesn't have to consent...you are adults now and he has no legal rights over you. Consent is only necessary with minors or a court order forcing the TPR.

You can simply do an adult adoption with your stepfather legally adopting you. He would be the one to file the petition to adopt you both as adult children in his county's Circuit court. You would sign off on the adoption petition as a consenting adult child and then the adoption would proceed.

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thanks

Barrister

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