My son's father and I had a 7 year relationship. We have been apart for over 5 years and our son is going to be 9 this month. Then end of our relationship was very unpleasant and court was ugly. Anyhow, I have sole custody and my son's father was given supervised visitation only. Well, it has been almost 5 years and he has not exercised any visitation. In fact there has been no contact with my son or myself (outside of court) in 4 1/2 years. No phone calls, no letters, no e-mail, nothing. Is there away to severe his parental right? I'm not sure if that is the right term. I remarried a year ago and my son and I would love my husband to adopt him. We live in Maryland and the ex lives in New York. I was living in Maryland when our custody agreement was made effective.
2007-01-09 17:33:01 · 14 answers · asked by Anonymous in Family & Relationships ➔ Family
I think you have a case to petition the court. Does your ex pay child support? If so, you are going to have to give that up, although sometimes that is a good place to start because if he knows he is going to get out of paying child support, he may be willing to give the son up for adoption without having to get a judge involved at all. If he does not pay child support, you have a much better case against him if it has to go to court, because that is abandonment if he has not had any contact. It is very helpful from your side that he was required to have supervised visitation because then it is documented that he never saw the child.
You have a very good case. Best of luck!
2007-01-09 17:39:05 · answer #1 · answered by bashnick 6 · 0⤊ 0⤋
yes there is a way to sever his rights. What he has done is considered abandonment so you have to talk to a lawyer, if you don't have the money there are ones that work for free or based on your income, anyway it really shouldn't be hard to get his rights revoked. My brother was in the same situation sort of. The difference was is that he hadn't abandoned his daughter but the mother still got his rights revoked, so it should be a snap for you especially because your new husband wants to adopt your son. Good Luck hope this helped
2007-01-09 17:42:25 · answer #2 · answered by dragonfly 2 · 0⤊ 0⤋
there is a way to terminate the parental rights of the biological father. get a lawyer. when we adopted our baby girl last year the mother had to prove to the court that while she was pregnant the fatehr madeno effort to help support her or the unborn child. i am assuming the same goes for you. for the past four years if he has made no contact i am sure you have proof. during the process he will be issued a summons to appear before the court to terminate his perental rights, he will have at least a month to contest the termination. if he does not reply then it is doen and over with. but get a lawyer and they can fill you on more details than i can. i wish you the best of luck
2007-01-09 17:38:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
why are you wanting this.. I always ask when I see questions like this.. are you with a new man that wants to adopt your child? "abandonment' doesn't really mean anything unless its for adoption purposes, AND in the eyes of the law, since he is paying child support he has not 'abandoned' the child..
2016-05-23 02:23:54 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your husband can petition to adopt your son and the court will allow the adoption if your ex-husband signs the papers that will allow the adoption. Visit a family law attorney to have the petition drawn up for your ex-husband to sign.
2007-01-09 17:37:58 · answer #5 · answered by Sparkles 7 · 0⤊ 0⤋
If you can prove he has not had any contact or has even tried to contact his son, then you can file what they termanation of parental rights. After that has gone through court then your husband can adopt him or some times they can do it all at once.
2007-01-09 17:38:39 · answer #6 · answered by acestjohn 2 · 0⤊ 0⤋
Ask the father if he will give up all parental rights. Does he pay child support? If he does, then this will end and it may be enough encouragement for him to sign the papers. If he hasn't paid child support, then let him know that he won't have to if he will give up all parental rights.
2007-01-09 17:38:45 · answer #7 · answered by †♥mslamom♥† 3 · 0⤊ 0⤋
Go after him for back child support. Be willing to cut a deal with him....pay up or sign over his paternal rights.
2007-01-09 17:38:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i guess your has made his own choice may be not to have anything to do with you and his son, probably b'cause of the way the marriage ended?but before any kind of adoption takes place, i guess he has the right to know about it.
2007-01-09 17:40:11 · answer #9 · answered by tricia 1 · 0⤊ 0⤋
you need to see a lawyer in the state that you live in. don't go by any advice you receive on here (other than this of course!)
2007-01-09 17:38:13 · answer #10 · answered by jehorko29 2 · 0⤊ 0⤋