Eleanor Finch
In the state of Indiana, child abandonment is a serious issue that can have legal implications for parents and result in the termination of parental rights. The Indiana Department of Child Services (DCS) can involuntarily terminate parental rights due to abuse, neglect, or delinquency, and parental rights may also be voluntarily relinquished through adoption consent. Indiana Code § 31-19-9-8a(1) defines abandonment or desertion of a child as occurring when a parent fails to provide support and maintain contact with their child for at least six months preceding the filing of a petition for adoption. This can include not paying child support and not being involved in the child's life. Failure to communicate, on the other hand, applies when a child is in the custody of another person, and consent to adoption is not required in cases of abandonment or failure to communicate.
| Characteristics | Values |
|---|---|
| Custody of the child | Custodial or non-custodial parents may be said to have abandoned the child. |
| Timeframe | The abandonment must last for at least six months immediately preceding the filing of a petition for adoption. |
| Failure to communicate | A custodial parent cannot be said to have failed to communicate with the child as grounds for dispensing with the parent's consent to the adoption. |
| Consent | Abandonment or desertion of the child vitiates the need for the parent to consent to the adoption. |
| Adoption | If a parent abandons their child, their consent is not necessary for the adoption to take place. |
| Termination of parental rights | Termination of parental rights can happen voluntarily or involuntarily. |
| Legal action | Prolonged absence and failure to support can be grounds for the termination of parental rights. |
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What You'll Learn
Custody and consent
The concept of custody plays a significant role in abandonment cases. Abandonment applies regardless of whether the child is in the custody of another person. This means that either a custodial or non-custodial parent can be deemed to have abandoned their child. To prove abandonment, it must be demonstrated that the parent has failed to provide support and maintain contact with their child for an extended period, typically at least six months immediately preceding the filing of an adoption petition.
On the other hand, failure to communicate is specific to a child in the custody of another person. In this context, a parent's failure to communicate with their child can result in the loss of their right to consent or object to the child's adoption. This applies to both custodial and non-custodial parents. The timeframe for establishing failure to communicate is different from abandonment and is defined as a period of at least one year.
Indiana law recognises two types of fathers: "legal" fathers and "putative" fathers." A legal father is either married to the mother or has established paternity through court proceedings or a paternity affidavit. A putative father is any other man who claims to be the father. In the context of adoption, the consent of both types of fathers is generally required. However, a putative father is only entitled to notice of the adoption, and their consent may not always be necessary.
It is important to note that termination of parental rights can occur voluntarily through adoption consent or involuntarily through the Indiana Department of Child Services (DCS) for child welfare concerns. This process is irreversible and prioritises the best interests of the child. Written consent for adoption can be withdrawn within 30 days of signing, and numerous parties or agencies may need to be notified during termination proceedings.
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Time requirements
In Indiana, child abandonment is defined as a parent failing to provide support and maintain contact with their child for an extended period. This can include not paying child support and not being involved in the child's life.
The Indiana Code § 31-19-9-8(a)(1) states that abandonment or desertion of a child must last for at least six months immediately preceding the filing of a petition for adoption. This means that if a parent leaves a child unattended for a shorter period, such as a weekend or a few months, it would not constitute abandonment under the law.
It is important to note that abandonment and failure to communicate are two distinct legal concepts in Indiana. While abandonment applies to both custodial and non-custodial parents, failure to communicate refers specifically to a child in the custody of another person. In the case of failure to communicate, the parent must have failed to communicate significantly with the child for a period of at least one year, although these twelve months do not necessarily have to be immediately preceding the filing of the petition for adoption.
Additionally, Indiana law recognizes two types of fathers: a "legal" father, who is married to the mother or has established paternity in court or through a paternity affidavit; and a "putative" father, who claims to be the father but has not established paternity. The putative father is only entitled to notice of the adoption and must register with the putative father registry within the required period.
In Indiana, parental rights can be voluntarily terminated through adoption consent or involuntarily by the Department of Child Services (DCS) due to abuse, neglect, or delinquency. The termination of parental rights is a serious and irreversible process that prioritizes the child's best interests and focuses on family placements whenever possible.
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Adoption proceedings
In Indiana, the adoption process can only begin if the child's mother and legal father consent to the adoption. However, certain actions or non-actions by the parents may eliminate the need for their consent.
Abandonment or Desertion
If a parent abandons or deserts their child, their consent is not required for the adoption to proceed. Abandonment does not only apply when a child is in the custody of another person. To prove abandonment, it must be shown that the parent has not been in contact with their child for at least six months immediately preceding the filing of a petition for adoption.
Failure to Communicate
If a child is in the custody of another person, and the parent fails to communicate with the child for a period of at least one year, their consent is not necessary for the adoption. The twelve months of failure to communicate do not necessarily have to be immediately preceding the filing of the petition for adoption.
Failure to Provide Support
If a parent fails to provide for the care and support of their child when they are able to do so, and this continues for a period of at least one year, it may constitute grounds for adoption without their consent.
Termination of Parental Rights
The Indiana Department of Child Services (DCS) can involuntarily terminate parental rights due to abuse, neglect, or delinquency. Termination of parental rights can also occur voluntarily when a parent consents to the adoption of their child. This consent can only be withdrawn within 30 days of signing.
- A petition for adoption must be filed by an attorney in probate court, accompanied by the written consent of all parties whose consent is required.
- Numerous persons or agencies may need to be notified, including the Indiana Department of Child Services.
- The Indiana Department of Child Services will then become involved in the parent-child relationship and recommend a service plan to maintain the relationship.
- The court will determine if the parent-child relationship has been terminated under IC 31-35.
- If the relationship has been terminated, the court will decide if the parent's consent to adoption is required.
- If consent is not required or has been given, the court will consider the best interests of the child and prioritize family placements when possible.
- The court will then grant the adoption, allowing the child to be adopted by a person ready, willing, and able to parent them.
It is important to note that Indiana law recognizes two types of fathers: "legal" fathers, who are married to the mother or have established paternity; and "putative" fathers, who claim to be the father but have not established paternity. The consent of both the mother and any legal fathers is required for adoption proceedings. Putative fathers are entitled to notice of the adoption but their consent is not always necessary.
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Child support
In Indiana, child abandonment is defined as a parent failing to provide support and maintain contact with their child for an extended period. This can include not paying child support and not being involved in the child's life. Indiana Code § 31-19-9-8(a)(1) states that abandonment or desertion of a child must last for at least six months immediately preceding the filing of a petition for adoption.
The Indiana Department of Child Services (DCS) can involuntarily terminate parental rights due to abuse, neglect, or delinquency. Parental rights may also be voluntarily terminated if the parent consents to the adoption of their child. In this case, a petition for adoption must be filed by an attorney in probate court, accompanied by written consent signed by all parties and a certified copy of a court order terminating parental rights.
It is important to note that Indiana law recognizes two types of fathers: a "legal" father, who is married to the mother or has established paternity in court or through a paternity affidavit; and a "putative" father, who claims to be the father but has not established paternity. Both types of fathers must consent to the adoption, and their rights can be terminated due to abandonment or failure to support their children.
Failure to communicate with a child in the custody of another person for at least one year can also result in the termination of parental rights. This is distinct from abandonment, as it applies specifically to a child in the care of someone other than the parent.
In summary, child abandonment in Indiana involves a parent's prolonged absence, failure to provide support, and lack of involvement in their child's life. This can lead to the termination of parental rights and consent for adoption. The specific circumstances and legal requirements must be considered in each case, and it is crucial to seek legal advice when navigating these complex issues.
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Termination of parental rights
In Indiana, parental rights may be terminated voluntarily or involuntarily. Voluntary termination of parental rights occurs when the parent(s) consent to the adoption of a child. This consent must be written and signed by all parties whose consent is required, and the individual signing the consent must demonstrate that they understand the consequences of their actions. This consent can only be withdrawn within 30 days of signing.
Involuntary termination of parental rights can occur when the Indiana Department of Child Services (DCS) institutes a Termination of Parental Rights action. This can be due to abuse, neglect, or delinquency, and the DCS must follow specific legal requirements that prioritize the child's best interests.
Indiana law recognizes two types of fathers: "legal" and "putative." A ""legal" father is a man who is married to the mother of the child or who has established paternity of the child in a court proceeding or by executing a paternity affidavit. A "putative" father is every other man who claims to be the father of a child. In the case of a child born out of wedlock, the biological father's parental rights can be terminated if his paternity is established after the filing of a petition for adoption and he does not register with the putative father registry.
Consent to adoption is required from the birth mother, any biological or presumed father, any person determined by a court of law to be the father, any father appearing in the Indiana putative father registry, any adoptive parent, any person or entity with lawful custody of the child, any court with jurisdiction over the child, the child if they are 14 years or older, and the child's spouse if they are married.
Child abandonment is a ground for termination of parental rights and is defined as a parent failing to provide support and maintain contact with their child for an extended period. This includes not paying child support and not being involved in the child's life. To prove abandonment, this behaviour must occur for at least six months immediately preceding the filing of a petition for adoption.
It is important to note that termination of parental rights is a serious and irreversible process that can have significant consequences.
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Frequently asked questions
Abandonment applies when a parent has left a child in the custody of another person, whereas failure to communicate refers to a custodial parent who has not been in contact with their child.
Abandonment must be shown for at least six months immediately preceding the filing of a petition for adoption.
Child abandonment in Indiana is typically defined as a parent failing to provide support and maintain contact with their child for an extended period. This can include not paying child support and not being involved in the child's life.
Prolonged absence and failure to support can be grounds for termination of parental rights, which is a serious legal action.
