Custody Battle...?

Question

My fiance received a notice( in the newspaper) that if he didn't responsed in 30 days his parental rights to his son will be taken away from him. Now this isn't the first that we have heard of the baby's grandmother wanting to have full custody of my stepson-to-be but we both thought that that was over considering the baby's mother put him on child support. Is it possible to force a father to give up his rights to his child?

Answer 1

I don't think so. Get an attorney fast.

Answer 2

If you do not answer within the 30 day period you can be forced to give up parental rights. If your fiance isn't paying child support, the court can take away his rights due to abandonment of the childe. The only thing he can do is contact the court and the attorney running the newspaper ad and inform them that he doesn't want to relinquish his parental rights and would like to be in court when the case is heard. The attorney will then have to send him the petition that was filed with the court. Once he has been served, the 30 days begins before the court can hear the case. The most important thing to do is contact the court and attorney and tell them he is going to fight this. He REALLY needs to get an attorney, if he goes to the hearing without one the opposing attorney can get over on him very easily.

Answer 3

I am writing from Anchorage, Alaska. In my state, which is the wild, wild west - in legal terms - I imagine things are much different than where you are. The idea that a notice can be placed in the newspaper is very disturbing. Send out a "cease and desist" letter immediately. Your business does not need to be out in the public!

Second, as far as I know rights have to be taken away from you. The judge, or court system, doesn't ask your permission or see if you are emotionally comfortable with them removing your rights from you. But, they have to have legal justification to do so. If no legal justification exists, it doesn't matter what the opposing party says or does - legal justification does not exist!

Third, how in the hell does the baby's grandmother have any rights. As far as I know, the legal parties the judge has juridistion over are the two biological parents. If the grandmother can legally claim rights to the baby, then, you, as a spouse can too! Now, that's some legal tap dancing.

Choose not to get caught up in the emotions. A level head is your biggest asset. Demonstrate your understanding of the legal system and present the judge information and requests packaged the same way a lawyer would so that you look like you are participating in the system, not trying to get something from the system that the system cannot give you.

Good luck and God Bless.

Answer 4

I have been in an on going custody battle for 8 years, i can tell you with absolute certainty that there is no way that the child's father can be "Kicked" out of the child's life. The father has a right to see his son, if i was both of you i would fight till the end, make sure u have a good lawyer because that always helps as well. Stay strong the only way his rights can be revoked is if they can prove him unfit. So don't stress.

Answer 5

I am not in a position to answer the question because i don't have kids or step- kids but i believe that it isn't possible to force a man to give up his parental rights over his son. Just think if he did give his rights up, this boy wouldn't really know his dad because he was always with his grandmother and because he never knew his dad he could be feeling depressed that his dad is never around to be that father he needs. So tell the father to get his act together so that he wont lose his son in a custody battle.

Answer 6

This is rare in the U.S. Your fiance should get in touch with the court right away. Custody and child support are two distinct issues in the eyes of the law. IF for some reason the courts DO take away his parental rights (again, this isn't easy to do and almost never happens anymore), the court can still order him to pay child support.

Get in touch with the court and/or your lawyer to straighten this out.

Good luck! :)

Answer 7

The grandmother could have legal custody without terminating his rights. But the judge will ask when did he last see the child, does he have a relationship with the child? If he has no relationship with child, they can terminate rights but in some states they won't terminate without someone else about to legally adopt. they usually put these notices in the paper when they cannot find the parent.

Answer 8

He needs to ASAP contact the attorney listed in the newspaper. The court can terminate his parental rights if he does not appear or contact someone. He must either voluntarily give up his parental rights or the court can terminate them. He should see an attorney and seek custody.
Normally a parent has more rights to a child than a grandparent.

Answer 9

I don't think so. The parental right goes from parents (normally mother then father) and THEN the grandparents. If you're that concerned I recommend responding to the notice and getting the help of a lawyer.

Answer 10

they can't force him but does he have contact with the child anyway? if he is a father to him then he should have full custody if the mother chooses to give up her right's. the ad in the paper is to get his attention so i'm guessing he really has no contact with them. he needs to appear in court on that day and with a lawyer if he want's his son.

Answer 11

Your fiance needs to get a lawyer and get this custody issue settled once and for all, legally and so that no questions are left unasked. It is sad, and I'm sure it will be difficult to find cash for a lawyer, but I'm telling you you will save yourself a lot of headaches and future legal battles if you get it all squared away right now.