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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 > Question About Parental Termination

Topic: Adoption Issues



Expert: Peter C. Winkler, CSW
Date: 11/20/2006
Subject: Question About Parental Termination

Question
In 2002, my wife (although we hadn't even met yet at the time) gave birth to her daughter. The biological father wanted her to get an abortion but my wife refused and left him. They were not married.

He (the biological father) made no attempt at contact after my wife left. She left prior to the birth of her daughter. In 2003 we met and we were married in June 2004. Today, we have a second child (together) and her first daughter views me as dad and I view her as my eldest daughter.

We weren't sure how to contact the biological father to get him to surrender his rights (which he indicated he would do at one point in early 2004). However, we were surprised when he somehow contacted my wife by email saying he had changed his ways and now wanted "to help" in any way he could.

It is our intention to ask him to surrender his rights so I can complete the adoption process. However, if he is resistant, how difficult a battle (in the courts) can we expect in getting the courts to terminate his rights. He has never sent a single check. He has never even met his biological daughter. He hasn't made contact with us (until this most recent incident) since March 2004.

My wife and I (and the kids) live in Colorado and the biological father lives in California (in case that info is needed for state laws).

I appreciate any help you can offer here as I'm nervous that we might see our lives rocked and our now-four-year-old daughter could be in for a horrible battle.

Kevin

Answer
Hi Kevin, I think the first step in the process would be to hire a lawyer in your area who does a lot of adoptions.  He or she can advise you regarding what is called termination of paternal rights.  If the father is willing to terminate his rights voluntarily, there is less hassle and expense with the court.  Look into having the father come to your lawyer's office to sign the relinquishment as that would be less expensive for you. (Otherwise you may need to hire a California attorney for that part.)  Once you have the relinquishment, you'll also need an adoption home study so the judge who hears the adoption case is sure that you have the appropriate background to be an adoptive parent.
Good luck.
Pete Winkler

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