I'm getting a divorce and my soon to be ex is not my child's biological father and although he signed the birth certificate he never adopted him. Is there a way to sever his rights or does he have any?
2007-01-31 07:27:18 · 20 answers · asked by Shell 1 in Family & Relationships ➔ Marriage & Divorce
you have to get a DNA test to confirm parentage and then you can sever the rights of the non biological parent..Unless he claims to be the childs Father et litum (I think thats what its called) which means he has been the father to the child throughout the childs life. The court may recognise that. Do you think that removing the father is whats best for the child if all the child knows is you husband.?. sounds unfair to me... you could locate the childs biological father and have him contest and request a DNA test.. but do you even know if he wants to be a parent to your child.. Sticky situation for the child in question.. but an easy fix for you
2007-02-04 07:01:25 · answer #1 · answered by CottonTail 2 · 0⤊ 0⤋
He has every right to this child. HE SIGNED the birthcertificate. Technically the child is his too even if it is on paper. He doesn't have to adopt the child----technically again he's the childs father. He'll have all the rights of a non-custodial parent too. He'll have to pay child support etc.
Remember---this divorce is about you and your future X. Stop trying to make this divorce a long draw out process and accept what is and stop making the child a stubbling block.
Divorce lawyers get rich off of people like you and it's really a shame. Settle your divorce, accept the child support you're entitled to receive (make sure it's in the form of a wage garnishment too) Let this child know his father on his days of visitations and summer breaks and holidays. If you don't you'll be the one some day looking back as to why your child is acting out at 14-18!!
Let this MAN be the childs father----he was there when the child was born, has been the Father figure during the duration of your marriage and you my dear can't change any of that!
2007-02-07 23:12:18 · answer #2 · answered by aunt_beeaa 5 · 0⤊ 0⤋
You will have to ask a judge about that one.
You can get a DNA test to back you up.
But, some courts want a responsible parent for the child, even if it's not his real son, this is the father that the child knows.
It could be damaging to the child, the idea that you are thinking.
This divorce must be in the childs best interest. Not yours, not the soon to be X, but the child.
And, I can forwarn you.. if you say anything bad about the other person that you are divorcing.. it can hurt the child too..
I did that to my son, and oh boy, was that a bad thing.
2007-02-05 17:14:20 · answer #3 · answered by HA! HA! HA! 5 · 0⤊ 1⤋
I went through the same thing! My attorney said that as long as he sighned the B.C. and played the role as dad, and my daughter had no other father figure, yep, he is the biological father in the courts eyes! You will have to get the biological father to step in to file for visitation to get him out of the picture, I didn't want to get the father for my daughter so I had to fight my ex-husband, luckily he was a piece of $**t and he sighned her over after almost 2 years of fighting in court! Hopefully yours will be better There is a statute of limitations so if your child is under 2 you can have a DNA test to prove that he isn't. Hope this helps. Good Luck and God Bless.
2007-02-08 06:42:42 · answer #4 · answered by brandy1979 2 · 0⤊ 0⤋
If he didnt adopt the child than he has no rights but why are you doing that if he loves the child than let him be around the child. Its hard enough for the child to go thru the divorce since the guy has been there since birth dont let it get to where the child has to suffer b/c both of yous were not getting along.That will destroy your child please think of what your doing before you do it.Dont let this be a selfish and hurtful divorce using your son to get back at your ex. PLEASE Im sure you will think about it and do the right thing. God Bless.
2007-02-08 05:03:59 · answer #5 · answered by sweetpea 4 · 0⤊ 0⤋
Does he know he's not the father? That could be a major factor here. I can't imagine he wouldn't have rights without DNA and major trauma to the child. If he is in prison, abusive or otherwise a threat than by all means - contact a lawyer. If you are playing games and using the child as a pawn... get a therapist.
2007-02-07 12:08:34 · answer #6 · answered by lucki female 2 · 0⤊ 0⤋
who is the winner here? it won't be your son. unless he's abusive, why can't he have a relationship with your son? I think the more people who love your son and can be a positive influence to him, the better, especially in a divorce. Where's the biological father? is he in the picture? Will there be any positive male roles in his life that live near you?
Sorry I can't answer about Kansas.
2007-02-08 04:19:09 · answer #7 · answered by laura g 2 · 0⤊ 0⤋
I don't know the circumstances of your divorce so I can only answer this as I see it in front of me.
I know that just because a man fathers a child doesn't automatically make him a good Dad...and I know many men who didn't father the children they have spend years raising as their own because they love them...thats what is important...thats what really matters. Does this man love your children? Does your children love him? Has he been a constant in their life? If you answered yes to these questions then please let go of your pain and anger and allow your children a fathers love...this isn't about you now...its about the kids.
Good Luck
2007-02-08 04:27:15 · answer #8 · answered by Munch 1 · 0⤊ 0⤋
When someone signs a birth certificate they are acknowledging paternity. Your only hope is a DNA and forfeture of support. Would that be good for the child to keep him out of his/her life?
2007-02-06 17:30:00 · answer #9 · answered by #1 saints fan 2 · 0⤊ 0⤋
his name is on the birth certificate so he is legally the father...he would have to sign rights away. and if he has been the "father" of this child why would you want to take that away from him or even better...your child. that seems heartless and vengeful but i don't know all the circumstances
2007-02-08 04:46:56 · answer #10 · answered by Taylor 2 · 0⤊ 0⤋