I am the "step" father... though I am the one that raises the child. Her bio-father, has not paid child suport in over 2 years, and is currently in jail for that reason. He never calls, and only asks to see her about once or twice a year. Me and her mother would like to get full custody... Is this a hard process? Expensive? We don't have much money, but we do wnt what is right for our daughter, and we both feel that is him not being in her life until she is old enough to make that decision on her own.
2006-06-21 04:24:24 · 7 answers · asked by non-speller 3 in Pregnancy & Parenting ➔ Parenting
Try by asking the real father to sign off his rights it's a simple form obtained in most law books and then you can file it with the county clerk and friend of the court. This will leave him off the hook for future child support and give the mother full rights to the child.
2006-06-21 04:30:20 · answer #1 · answered by shellkate1244 4 · 0⤊ 0⤋
I'd talk to the mother of the child and see if she might want you to adopt the child. But, you have to think about it. If the custody is just for the child support... dont adopt. Once you adopt the child then all rights of the bio-father go to hell. Its better for the child to have a father (or father figure) in her life then no father that cant or wont be there for her. Trust me... I am the daughter of the exact same situation. Good luck... p.s. my moms wedding is this saturday.. and once they get married, he is signing the papers for me to become his child! I'm also 16 and he has been there for almost 3 years.... he is the best father figure I could ask for.
2006-06-21 11:30:51 · answer #2 · answered by lucki_charmed 3 · 1⤊ 0⤋
I just went through a similar situation last year. So here is my take on it.....
Contact an attorney in your area so he can get the paper work started and make sure you do everything right. Ask the bio father if he will sign his rights away, if not you will have to petition the court to have his rights terminated. Social Service will investigate and interview you, your wife and her ex. Its a long process and it is frustrating. The courts still arent gung ho to terminate rights, they give the other parent many chances to come forward and be a parent. But stay strong. It cost us about $3000 total partly because we had to fight my ex and post ads in the newspaper and such. It was a 6 month process for us, but we were constantly bugging social services and we has a great attorney. Check out www.findlaw.com for family law in your state. Good luck and I will keep you in my thoughts.
2006-06-21 14:05:40 · answer #3 · answered by Stewiesgal 3 · 1⤊ 0⤋
Dependant upon the state you live in, this could be a lengthy process. I'm no legal expert, but I have dealt with this situation first-hand.
You can petition the court for full custody and the termination of bio-father's rights. Sometimes, all that is required is a formal letter from your wife, initiating the termination process and providing a father for her child.
Good luck! I applaud you tremendously!!
2006-06-21 11:35:42 · answer #4 · answered by Brandi R 1 · 0⤊ 0⤋
The legal way of going about this is to hire a "family law" attorney in your state and have them file papers w/ the court system and try to have the parents rights revoked. It may be lengthy and hard on the family and not to mention the child. If the father is as bad as you say, he will probably relinquish without a fight.
2006-06-21 13:54:44 · answer #5 · answered by tarynlavender 2 · 0⤊ 0⤋
I am basically in the same boat as you are. My husband and I have temp custody of our nephew. His parents are not in the picture. I have called about filing for permenant custody we have had him since he was 9months old, now almost 7. It is very expensive and most often legail aid will not help you if its not your own child. It depends on the state or country you live in.
2006-06-21 11:55:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You have to adopt the child to get on as the legal father, then apply for full custody that way.
2006-06-21 11:32:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋