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About Peter C. Winkler, CSW
Expertise
I have experience with adoption subsidy, the Interstate Compact on the Placement of Children and variety of other adoption related matters. I hope that I can be helpful to those who are considering adoption or would like to adopt a child.

Experience
I am a social worker with an MSW and I have over thirty years of experience in family and children's services. I have worked as Director of adoption services and of the Interstate Compact in a large state agency. I have also provided direct services to children and families in a preventive services program. I currently prepare adoption studies for those who are adopting domestically or internationally.
 
   

You are here:  Experts > Parenting/Family > Adoption > Adoption Issues > Birth Father objecting

Topic: Adoption Issues



Expert: Peter C. Winkler, CSW
Date: 5/30/2005
Subject: Birth Father objecting

Question
Hello there. My question is this... basically just wanting to know your opinion since you seem very knowelgable in this field. My husband and I have temp custody of a 1 yr old female and 4 yr old male. They both have same birth mom but different birth dads. The adoption will be final on the 10th of June, however, the birth father of our soon to be son has just sent in papers objecting to the adoption. He is currently in jail for a parole violation and looking at more prison time. In the 4 yrs that our soon to be son has been alive his birth father has seen him 2 times and the last time being 2 years ago. The birth father is claiming that he didnt know where he was, mother prevented a loving relationship etc... ( all of which isnt true) He has paid around a total of 1,000.00 in child support in 4 years and the largest of that 1000.00 being a 750 dollar pmt that the federal govt took automatically at tax refund time. So, my question to you is this... do you think he will win and we wont be able to adopt him? This is our first adoption and we are hopeful, but scared and on edge on the other.
We live in Kansas... I hope that you will give me any insight into this situation that you can. Thanks so much and hope to hear from you soon:)
Tanna

Answer
First of all, I have to remind you that I'm not a lawyer and what I have to write is not a legal opinion.  Secondly, judges are individuals and their decisions vary, even given the same set of circumstances.  That said, it would seem that there is a good chance that the "interested father's" case will be dismissed since he has not visited the child very much and his financial support has been spotty and sometimes involuntary.  Do be prepared for the judge to postphone the decision regarding termination of the father's rights.  However, even if that happens, it is likely that when the new court date comes, the Dad will not be able to show he can support and raise the child.
A lot depends on the judge-hopefully the judge will act in the "best interests" of this child, which in my opinion is to allow you to go ahead and adopt.
In the meantime, I think the situation looks good for you and the child as well.  

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