For purposes of proceeding to dispense with biological father’s consent to stepparent adoption based upon his knowing failure to provide for children’s care and support, father’s incarceration did not relieve him of his court-imposed child support obligations. Children’s biological father was bound by court orders requiring him to pay child support, despite his purported private agreement with mother that he did not have to pay child support as long as he participated in children’s lives, as any such agreement was contrary to public policy of protecting children’s welfare.
http://www.in.gov/judiciary/opinions/pdf/03111401mm.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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