He has had NO contact with her and pays NO child support. I'm married and my husband would love to adopt her as his own, but legally (and unfortunately) we either A) have to get her "dad" to sign his rights over voluntarily or B) have to petition the courts to do so. Is there any way you can do this without a lawyer?? I feel I know the situation better than anyone, and lawyers around my area are very pricey (the attorney I have dealt with in the past wants $300 just for a run-through of everything!!!). HELP!!! I want this person out of my child's life, since apparently he doesn't want to be there.
2007-03-02 03:06:39 · 11 answers · asked by Jennifer C 2 in Politics & Government ➔ Law & Ethics
Oh, and by the way Loretta, I know the situation better than an attorney does. I asked for help on here because maybe I can receive some advice from someone who may have gone through the same thing.
2007-03-02 03:18:12 · update #1
By the way, people, the reason why I stated that $300 is pricey is because we are NOT made of money. If her "dad" would pay his child support then this wouldn't even be an issue. And I'm not seeking a termination of his rights solely on the fact that he doesn't help out; this man has also had a child taken away rom him due to molestation allegations and neglect, he has a drug and alcohol problem, and he doesn't take care of his other children.
2007-03-02 03:21:14 · update #2
Doing this without the advice of an attorney licensed in your jurisdiction would be incredibly unwise. The process of terminating parental rights prior to adoption is fraught with technical difficulties, and the courts are loath to do so absent the proper steps being done.
You may feel that the lawyers are pricey, but imagine this scenario: You start to do the process yourself. In the process, you fill out some papers, or draw them up yourself, and submit them to the court. You manage to get the matter before the court, but since you have no legal training, don't know how to proceed. If the natural father attempts to object, and HE hires an attorney, then your chances are even less.
You may then, at some point, be forced to hire an attorney to help rectify the mess that has resulted. The costs for doing that may very well be much more than the money you spend to have an attorney do the job correctly in the first time.
IF you have the documentation to back up your claim, what you seek likely can happen... but ONLY, as I said, by following the correct procedures. Since you didn't indicate what state you're in, neither I or any other professional here can advise you.
I urge you to contact your local or state bar association for a referral to a family law attorney in your area.
2007-03-02 03:35:01 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
I am writing from BC, Canada and answer as if you were asking from BC.
It will be virtually impossible to terminate the father's parental rights in the sense that the father will no longer be considered the child's legal father. I think your easier option is to seek an order of the court dealing with custody and access. The court will make its decision on what is in the best interests of the child, so if the father is a danger, he will have limited contact with her. Just paying no support will probably not influence access.
You should also get a court order setting an amount for child support and then contact the family maintenance enforcement folks to enforce the order. They are pretty good bulldogs.
All of these things need a lawyer and lawyers, like most folks, do not work for free. See if Legal Aid will cover you. If not, you need to gather enough money to do what you have to do. Considering what a high priority your little girl is in your life, you will make the right choices. Most family law lawyers are familiar with the tight money situation and will cut you a deal such as monthly payments. See what you can work out and I wish you and your family the best of luck sorting out this difficult situation.
2007-03-02 03:17:09 · answer #2 · answered by Eric W 3 · 0⤊ 0⤋
Have your husband file to adopt her. At the same time, file a petition to suspend the father's visitation (based on lack of contact) AND a petition to enforce the child support order (this usually can get the court to order him to pay any attorney's fees associated with the child support) - (also, re the child support - if an amount is set, you can go through the local prosecutor to seize father's tax refunds, bank accounts, or othe rmethods of collection).
your kid's not worth $300??
Maybe your new husband would "love" to put huis money where his mouth is and pay the money!
2007-03-02 03:18:02 · answer #3 · answered by Anonymous · 1⤊ 0⤋
There is no way you can do this without his permission, or a court order. Even if you get a lawyer, the judge is not going to take away his rights a the natural father. He will go to jail though for not paying his child support.
2007-03-02 03:11:33 · answer #4 · answered by Guess Who 6 · 1⤊ 0⤋
I'm going though the same thing. You have to go though a petition unless you'd like to get to talk to your ex to get him to sign his rights over. He sould sign it for you though and make it easy. Really though there is no simple way to do this with out having to shell out money. Although you might look online for the petition papers and file them at the court house yourself. Depends on your state. Let me know how it works out! toni_vierus@yahoo.com
2007-03-02 03:17:30 · answer #5 · answered by Toni V 3 · 0⤊ 0⤋
Aggressive L had a wonderous plan there... USE Legal aid to assist you in filing the petition for :
a) husband adopting your daughter
b) action against your ex for failure to pay (WAS he court-ordered ? and how far and how much is he behind).
The pressure of court action against his failure to pay may provide you with the ability to get HIS permission for the adoption in exchange for YOU waiving back-support.
And again... $300 bucks isn't much at all.
2007-03-02 03:46:03 · answer #6 · answered by mariner31 7 · 0⤊ 0⤋
Isn't the life and happiness of your new family worth the $300? It will be a little rough in the beginning but you'll make it.
2007-03-02 03:09:29 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Legal Aid ....they go by how much you make....don't know if you have that where u are...but worth a try....and just remember the biological father has a say in this...they can't do it without his knowledge....Good Luck
2007-03-02 03:12:11 · answer #8 · answered by thanh hien 2 · 0⤊ 0⤋
Don't worry about that special piece of paper, your new man is her father now and god bless both of you! Let your daughter grow up as normal as possible. When shes of legal age and that piece of paper is still important for HER, she will ask you to change her name to your mans
2007-03-02 03:14:52 · answer #9 · answered by Anonymous · 0⤊ 0⤋
if you know the situation better then anybody, then why are you asking for our help? $300. is cheap to start off with. my lawyer wants $1,500.00 to start mine off with. good luck.
2007-03-02 03:12:49 · answer #10 · answered by Anonymous · 0⤊ 0⤋