Do you need to inform the biological mother that you will be going tp court to request sole custody of a child that she gave up her rights to?

My boyfriend and his ex gave up their parental rights to his parents when their child was a baby. His ex has not seen or talked to her child in 3 years. My boyfriend will be taking his parents to court to seek full custody but isn’t sure if he legally has to let his ex know. He has constant contact with his daughter. He visits her 1-2 to weekends a month. Now that he has good stable job and income, he’d like to raise her. His ex has no stable job and income nor living environment to raise her.

Asked on July 30, 2012 under Family Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once parental rights have been given up for good by a parent or parents and approved by court order with no ability to change the situation, the former "father" has no obligation to give notice to the former "mother" of his request to obtain sole custody of the child that parental rights were given up to.

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