A friend of mine has a child but has never been married to the mother of the child. He sees his daughter very infrequently, but the mother does not see her at all (drug problems, etc). The mother's parents have been raising the child and have full custody of her. Now that she is 10 years old, they are saying they want to adopt her and they want my friend to give up all his parental rights, meaning that he would not be able to see her until she is 18. Can they legally do this? He says the only way around it is for him to try to get full custody himself. Does anyone know how this works?
2006-11-13 06:00:26 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This is lawyer time. No excuses as to why it is too expensive. GET A LAWYER NOW. No he does not have to give up his rights but he might want to come to an agreement that sets up specific visitation times. The grandparents probably are doing this so they can make medical decisions in an emergency and not be tied up trying to find an absent parent. He might offer a medical release form that lets them make decisions on that.
He could try for xmas and birthday visits or more if he is responsible enought to show up for more frequent visits.
He needs to make an effort to show his daughter he does care and that he is allowing the situation for her benefit.
You do not say if the father has a drug problem or of he is responsible enough to try and be a particapant in his daughters life.
Counseling would be good too so he can get his head clear and learn to work with the grandparents who have been doing his job for so long.
2006-11-13 06:13:43 · answer #1 · answered by surfnsfree 5 · 3⤊ 0⤋
Grandparent adoptions are common. They require the consent of both parents, or a showing that a non-consenting parent has abandoned the child or is unfit to regain custody. If he were to consent it does not mean he would not be able to see the child; but it does give the adopting parents the right to terminate contact if they want to. From your description of the situation it sounds as though your friend has essentially abandoned the child and would not be able to resist a contested adoption. Fighting the adoption may just cause enough anger on the grandparent's part to cause them to do what he fears. He should seek legal advice with whom he can discuss all the facts before he decides to do anything.
2006-11-13 06:12:33 · answer #2 · answered by Anonymous · 1⤊ 0⤋
The parents of the child had to file for custody for the child in the courts. When you file you have to put the parents name on the petition and the would contact the father, so more then likely he was givin a chance to get custody but he failed to show up so automatically the grandparents are going to get what they want. But your friend can go take them to court to see if he can have visitation rights. He wont get full custody because its sounds like he has been there for the child, but they will allow him to visit because it is in the best intrest of the child to know there parents especially if they are making a effort. But I doubt he will get full custody because for one his child may not want to live with him and his child is at and age where he or she can say what they want. Then they look at who has the best invirement for the child.
2006-11-13 06:15:28 · answer #3 · answered by Jaime T 3 · 0⤊ 0⤋
He can file for full custody. In my opinion, if he wanted to be her father he should have done that long ago! Has he paid child support? How often does he see her? Those questions will be asked.
He should get an attorney. He can fight for his parental rights. The fact that he was not married to the mother is not an issue if he is the biological father.
Best Wishes,
Sue
2006-11-13 06:09:06 · answer #4 · answered by newbiegranny 5 · 0⤊ 0⤋
He does not ever have to give up his rights to the child. They can't force him to do so. He does not have to have full custody and he can keep them from adopting the child. However he should think about what is best for the kid.
2006-11-13 06:05:19 · answer #5 · answered by jerofjungle 5 · 2⤊ 0⤋
Your friend needs to contact a lawyer. He could get visitation or shared custody. He does not have to give up his rights regardless of his past visitation, but if he is serious he needs to start seeing his daughter more often to maintain the relationship needed to secure his rights. He does not need full custody.
2006-11-13 06:05:29 · answer #6 · answered by ronnie 2 · 0⤊ 0⤋
No he doesn't have to give up all rights to her the only way this would happen is if he signed papers giving up his rights either now or in the future or has done so in the past. He may be forced to pay back child support if he hasn't been doing so.
2006-11-13 06:10:08 · answer #7 · answered by jo_jo_baby2004 4 · 0⤊ 0⤋
They can't force the father to give up parental rights. They may be able to force him to pay support, however.
I have seen cases where an absentee parent signed away parental rights in return for the custodial parent signing away all support claims.
2006-11-13 06:08:44 · answer #8 · answered by Ralfcoder 7 · 0⤊ 0⤋
He never has to give up the Right to his Child. NEVER. do not let him be tricked into that.
2006-11-13 06:08:06 · answer #9 · answered by lilredhead 6 · 1⤊ 0⤋