The father of the child wants to relinquish his parental right. He has had issues with drug use and drinking. My current husband would like to adopt the child. What can i do to start of the process to terminate parental rights? I have been pro se for years now, and would prefer to not hire a lawyer if not necessary.
Fathers or mothers can't give away their children like they would a car, a home, or a puppy.
That said, the child's father is required by law to support his children.
The State of Indiana won't easily allow him to just walk away from his obligations and responsibilities to support his offspring.
If it was that easy, taxpayers would get stuck raising more children that they do today.
In your state, Indiana, a parent does not have the authority to file directly for termination of his/her parental rights because a parent has the duty to support and care for the child until the child is emancipated.
A procedure for voluntary termination of the parent-child relationship can be initiated when a child placing agency or the office of family and children accepts a parent's consent to the termination of the parent-child relationship and files the necessary petition with the juvenile court.
That action only starts the process.
Ultimately the court will hold a hearing on the matter, and will permit such termination or deny it.
The process to attempt what he and you have decided is best for your children starts here:
http://www.in.gov/dcs/files/6.13_Voluntary_Termination_of_Parental_Rights_(TPR)F.pdf
https://iga.in.gov/legislative/laws/2014/ic/
http://www.indianalegalservices.org/node/58/termination-parental-rights