What about ending custody rights?

Question

I asked before about child support and not getting any money. Now i'm asking if there is a way for me to end the fathers rights all together. This man wants nothing to do with my son. He has made that very clear. He has started his own family and forgot that my son even exists. He wont visit with my son and he refuses to pay his child support order. He even asked for a paternity test that he didn't even bother showing up for. I want my husband to adopt my son and forget about the father until my son wants to know about him. Is there a way to sever his rights without his consent. I have told him that I want him to be a part of our childs life and he's made no effort. The only thing he is interested in is making me upset. What should I do? I wan't him to be a part of our sons life but I can't keep going to court and getting no results. I'm lost as to what to do. It's not so much the money that I need. I just don't want to explain to my little boy that his father didn't care about him.

Answer 1

Depends on what state you live in you will be able to get your son adopted by your new husband. In Michigan the law states that the absent parent must either not pay support for 1 year and/or no contact in any form for 2 years. In the event that this happens you are able to request a step parent adoption (you must be married for at least a year). All you have to do is contact family court or your local juvenile court division. The process is very simple and the court takes care of all the mailing and filings and things. The only thing you have to do is get a home study (the court will send someone to your home), pay the money, and attend court. Your ex will not have to attend court either, just sign some papers. If he chooses not to sign anything, then you win and the adoption will go through. I have done this once, so if you need more help or have more questions, please feel free to contact me.

Answer 2

Someday, you will have to tell your son about his birth father, he will ask, eventually, unless you lie to him.
Try to get an attorney. If you can't afford one, try Legal Aid in your area. You will have to file a petition with the court to allow your husband to adopt the child. You MUST make an honest attempt to contact the birth father for his permission for the child to be adopted. If he has no interest, he will likely give up his rights, without a fight. Sometimes, if an honest attempt is made and the father is unable to be contacted, his rights may be revoked by the courts and the child may be eligible for adoption by your husband.
There is also a possibility the birth father will willingly do this for you to relieve his own mind/emotions. Obviously he doesn't want the child, so it may be easier than you think. However, you really need an attorney to draw up the paperwork and petition the court...unless you can do the research and make the forms yourself...most people can't do it alone. It can be a long process, but sounds like it would be worth it in the end.
Good luck.

Answer 3

My sister went through the exact same thing. In our state if the father doesn't visit or pay child support for one year then a mother can get a judge to terminate the father's parental rights so your husband can adopt him. Talk with an attorney to see about laws in your state. Try an attorney that deals with child advocacy they will know the laws better than any other and be able to help you quicker with the adoption too.

Answer 4

If the father space is blank on the birth certificate you can have it amended and a new certificate issued. The new father has to sign a paper that says he is truely the father. (Changes state to state) I`m quoting AZ law.
The real Father no longer has any claims or duties or child support. He doesn`t even have to know and won`t come around because he thinks he has to pay child support and back child support.
However the man that puts his name on the paper is now and forever the father. With all the ramifications that can mean like child support if you ever get divorced.
I have been happily Dad for 6 years and she loves being my daughter.

Answer 5

To sever the father's rights you need a judgement from the court. You're going to need a lawyer for this. I can't imagine that your husband could adopt him before a court declares his father to no longer have any parental rights.

Just as an aside, don't be so quick to have your husband adopt him. Make sure your son wants it as badly as you do. There's no rush here. Be sure you're doing the right thing. It can have huge implications for your son in a large number of ways.

Answer 6

You need to go through a family lawyer. First you must terminate his rights. He can do this voluntarily by signing paperwork. Then you proceed with the adoption. They are two separate legal actions and require two separate payments. However, be advised that your state may not drop the child support order against him and continue to pursue him for it. Usually, cancellation of the child support debt can be arranged with the state as an incentive to get an unwilling parent to sign the termination papers instead of contesting it in court.

Good luck to you!

Answer 7

I agree with most of the answers. You need to find out how much time needs to go by in the state your in then u file a petition and they will post it in the newspaper to give the father a fair chance. Him not showing up at court will pretty much seal the deal.

Answer 8

as long as you have a husband- which you said you do. then you should be able to go to a lawyer and have an agreement drawn up for him (the ex) to give up his parental rights, in exchange for not having to pay child support. the courts are harder on those trying to do that without a replacement parent- like no husband. but since you have one, you should be able to bring him with you and have him tell the courts he is willing to take the legal responsibility as a father substitute, and they should be ok with it as long as the ex doesnt go try to fight it. if he does, then you can bring up the whole lack of financial support, and therefore lack of vested interst in the child, as proof that he is an unfit father, and shouldnt have rights to begin with.

Answer 9

Parental rights can be terminated by a court without the parent's consent for several reasons, you should seek the advice of a local attorney for specific, valid information.

Answer 10

I live in Oklahoma and you have to wait a year without any contact from the father then you can take it to court and the judge can make that choice with the father there..