My ex fiances wife contacted me a few weeks ago and now I am very worried. About 7 years ago, I went through all legal avenues to have him sign off his parental rights. I am concerned for the fact that my ex and his wife now have a child together that is almost 3. Wifw has expressed to me that she would like for their child and mine to get to know each other and I have told her that this isnt going to happen until my child is 18(she is almost 10). I was wandering, even though he signed off his rights, can they take us to court to get rights for the children to visit with each other.
Also, I am concerned that his parents may now try to get visitation rights to my child after not having contact with her for almost 10 years. Can they?
. We asked my ex to sign off his rights for 3 reasons, 1 because we wanted my child to have my married name, 2 he stopped paying child support when he found out I was getting married, and 3 he NEVER signed her birth cert. or asked for visitation rights.
2007-07-04 17:29:26 · 8 answers · asked by Mom of 4 2 in Family & Relationships ➔ Marriage & Divorce
I have told my daughter about her brother. I know as of right now she has know desire to meet her father at all. She has expressed some excitement about her having another brother, I am just concerned about the way the wife went about it. She has told me that the father has no idea what was going on, but I found evidence to contridict what she has said. When I confronted her about this, she basically cussed me out for catching her lies and told me that everyone told her I would be like that and I was a b**ch, and that I would regret not letting me daughter get to know her father. The way the wife had done it all scares me a great deal. If she would lie to me about the father not knowing anything, how could she reassure me that he would be no where around if I chose to let the children meet? Things about all of this is very distrubing to me. To me something just doesnt feel right.
Thank you all so much for your help.
2007-07-04 18:11:34 · update #1
Oh one more thing, she never had his last name, she had my maiden name. He never showed up to sign her birth cert., which is what he has to do in our state since we wherent married. The person that was supposed to witness the signing had left for the day and my ex said he wouldnt be able to come back to the hospital until they day we where getting released. But he never showed up that day stating that he was having car trouble. He never asked to go through the family court to get his name on her birth cert.
I know I seem to be more venting now, but this is something that has been keeping me up for the past few weeks. Thank you all so much. I may be able to sleep better, but I still feel that the last shoe hasnt dropped yet. I feel they are still cooking something.
2007-07-04 18:16:10 · update #2
I think if he signed his rights away, this means he NO longer has any claim or right to the child, neither does his family, he signed it away. Didnt you get any info about your rights when he signed off? Besides , I am sure if he tried, what would he tell the courts...umm i forgot to call or see her for 10 yrs, and so did my family. Dont stress over it I am sure you will be just fine.
2007-07-04 17:34:18 · answer #1 · answered by mel 3 · 0⤊ 0⤋
OK lets start with the rights (all rights) to the child by the father....There are none as he has already forfeited them and cannot get reinstated. Therefore to have your children get to know the ones that he has now would be at your sole discretion. If you don't want it, it doesn't happen. Now for the grandparents. If they have forgotten your child for 10 years, they would not have any rights either as they have abandoned all rights also. Being a fiance isn't the same as a husband and without signing the birth certificate, I am surprised that the little girl even had his last name. Now you say that you are married and the child Carry's your present last name. This would indicate that your husband adopted her. If this is so, then this is just another hurdle that would have to be crossed by any of these people. I really don't think that you have a thing to worry about, but should any one of them try, get an attorney and let him put them in they're prospective places.
2007-07-04 17:45:09 · answer #2 · answered by pappysgotitgoinon 5 · 0⤊ 0⤋
I would consult a family law attorney just to make sure what can or cannot be done. If he signed off on his rights as you've stated, then he cannot insist on anything that concerns your daughter at this time. If he has changed his mind and is deciding to go back to court that may be a different matter.
His parents can also get a lawyer and go to court- it seems that people can sue for anything these days- so I would definitely cover my bases and check with an attorney.
The moral and ethical issues of your daughter getting to know her half brother will have to be settled by you and what is comfortable for you and what her true feelings are.
2007-07-04 18:27:31 · answer #3 · answered by dizzkat 7 · 0⤊ 0⤋
If he signed away all parental rights that means he has no claim to your child at all, if he tries to take you to court over this all you have to do is show proof of him signing off on his rights and the judge will throw the case out of court. No one in his family has a right to contact your daughter because your ex cut ALL family ties with her. They are just going to have to be happy with the one grandchild they do have because by law your daughter is NOT related to them.
2007-07-04 18:59:43 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think if the father signed off ...then you are OK.. But really wouldn't you want your child to know it's sister/ brother... No matter what you think Ask you daughter she is old enough to tell you what she wants.. if she says no then OK .. But if she says yes she wants to know them then you better do it or she will find out and it will hurt your relationship in the latter years..
2007-07-04 17:57:51 · answer #5 · answered by gonecrzy70 2 · 0⤊ 0⤋
No, there is no chance. He made it VERY clear, and any court can see that he was completely uninterested in this child, even signing away his rights. His parents have even less rights. You are the mother....let them hear you ROAR!
2007-07-04 17:34:55 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It sounds like your legal rights are pretty safe. I don't think you have anything to worry about. Your child might like to know that he has a half-sister or brother. Why not let him decide if they should meet?
2007-07-04 17:34:56 · answer #7 · answered by Anonymous · 3⤊ 1⤋
Maybe he wants to make things right...it doesn't sound like it is about your ex, more like about the kids. I think you should ask your daughter what she thinks about it. Objectively, don't influence her thinking either way.
2007-07-04 17:36:34 · answer #8 · answered by Nickname123 3 · 0⤊ 0⤋