He lives in another state, he never calls his son, the last thing he sent to him was $50 last nov. If anyone knows how to take his parental rights away, please help me. My husband wants to adopt him.
2006-07-03 06:17:10 · 10 answers · asked by Joy S 1 in Family & Relationships ➔ Other - Family & Relationships
He does not pay child support. Nov. 05 he sent $50. Nothing since then. No gifts at christmas, no phone calls. Nothing. We were never married, but his name is on the birth certificate. My son is almost 5 and my husband is his father to me. We just want it made legal.
2006-07-03 06:37:45 · update #1
The biological father needs to sign over his rights. You can petiton a judge.
2006-07-03 06:20:46 · answer #1 · answered by All I Hear Is Blah Blah Blah... 5 · 0⤊ 0⤋
You cannot revoke his rights.
Your new husband can adopt him but additional steps will need to be taken in order to adopt.
A judge will have to make a reasonable attempt to track and locate the father, and notify that someone wants to adopt his son.
He has the option to authorize the adoption in which case he forfeits his legal rights to his son, or he can refuse to sign and write a letter saying so. If the latter is the case then the judge can work with authorities in another state to force him to pay child support through wage garnishment, and the state would forward his payments to you.
This all happens without your authority.
The bottom line is that he needs to relinquish his parental rights or pay support until the childs 18th birthday.
2006-07-03 13:26:42 · answer #2 · answered by creskin 4 · 0⤊ 0⤋
Talk with the local child support office and see what they recommend, usually a lawyer just runs an ad in a local paper and the absent parent has a certain time they need to respond and then if they don't you go to court and the judge grants custody to the new dad.
2006-07-03 13:25:01 · answer #3 · answered by Catherine W 2 · 0⤊ 0⤋
I am going through the same thing u are. I found out the only way for you to take his rights away is if he has no contact with the child at all for i believe its two years. If you have a solid reason for taking his rights away before that it would have been easier.
2006-07-03 13:50:02 · answer #4 · answered by leenova10 1 · 0⤊ 0⤋
The biological father would have to willingly sign away his rights before you and your new husband could adopt him. He may agree to do this, ask him. If not I do not think you have any other recourse UNLESS he has been abusive or negligent towards his son....tough thing to prove though.
2006-07-03 13:23:24 · answer #5 · answered by ndmagicman 7 · 0⤊ 0⤋
Does the dad pay child support?
Contact the Attorney General's office for your state.
2006-07-03 13:26:31 · answer #6 · answered by Fishgutts 4 · 0⤊ 0⤋
Consult a lawyer. That's the only way to get his rights revoked. It will have to go through the court system. Good luck!
2006-07-03 13:21:31 · answer #7 · answered by Cathy L 3 · 0⤊ 0⤋
First you have to find out how much child support he owes, if any. Then you need to find out if you can have it waived or not. It is of course, much easier if your childs sperm donor is willing to go along with it. I do beleive that you can do it any way,, but I'm not sure how, I am in a similar situation, but my ex is willing to terminate his rights. I wish you luck!
2006-07-03 13:22:52 · answer #8 · answered by kevin m 2 · 0⤊ 0⤋
you can do 2 things: prove he's a bad parent and get them revoked or have him sign off on the kid.
2006-07-03 13:23:47 · answer #9 · answered by mcalano77 4 · 0⤊ 0⤋
You have to have him give up his rights. Tell him that your husband want to adopt, and he won't have to worry about it anymore.
2006-07-03 13:21:17 · answer #10 · answered by Evilest_Wendy 6 · 0⤊ 0⤋