What do I need to do in order to get my son's father to sign over his rights?

Question

I had my son in January 2007. His father denies that he is his. Therefore he is not on the birth certificate and is not paying child support. I'm soon to move out of texas and I will also be getting married. My fiance wants to adopt my son soon after. We are afraid that my son's father will find out and then sue for a paternity test and then try to take my baby. I spoke with him yesterday and asked him since he doesnt believe that the baby is his and he has nothing to do with him would he sign over his rights. He agreed but now I need to get all the paper work....where do i get this paper work with out involving court systems??

the daddy said that he wanted a dna test from the start and that he would handle getting all done...but he hasnt done nothing in the past 6 almost 7 months...i really dont understand the whole thing. he and i were together for almost 2 yrs. he wanted the baby in the begining and when he found out that i was pg he dumped me and i moved out of our apt. he was there for the birth and wanted to see my son for like the first 2 months and then all of a sudden its when i have the time. then it changed to making arrangements to see him but then cancels out at the last minute no call no show. then begs me to see him and now has nothing to do with him. trys to say that the baby is mexican bc of his light complection. the real daddy is a dark black so black u cant see him at night and im so ivory white that in my opinion my son came out perfect for so oposite skin colors. i have baby picks on my myspace if u wanna c them. i just wish i could uderstand what the hell happened.

Answer 1

I am in a very similar situation only I'm the adopting father. First off, you're going to have to get the courts involved. I'm thinking that the first step will be to establish paternity. If that hasn't been done, how can he sign over his rights? It sounds like this guy doesn't want anything to do this the child. If that is the case, then why are you worried about what he might say about you and your fiance moving? So establish paternity. After the child is proved to be his, he (the father) will be responsible for some amount of child support from birth. At that point, you can discuss him signing over his rights. Even if he were to sign over his rights, he would still be responsible for the child financially unless someone (your fiance) was willing to assume those responsibilities, i.e. adoption. Nonetheless, the biological father will be responsible for the child support from birth until the adoption. Get that done so your fiance and you can move forward without that deadbeat.

Answer 2

Wow I was in your exact same situation. You need to go to your local county social services building. It'll be similar to the process you'd go through if you were going to get child support. I am pretty sure that if your ex will state that the child is his, a paternity test will not be needed and he can sign over his rights shortly after. If he denies it, you'll have to get a DNA test (which can be done without bringing the two together), to establish he is the father then he can decide if he wants to sign away his rights.

I know this might be a frustrating process but in the end it will work out. He won't be able to take your son away just like that, if he won't sign away his rights and one day decided he wants to see his child. It's amazing how people can make babies then just not have any interest whatsoever. There are a lot of steps he will have to take in order to see his son should he desire to.

Best of luck!

Answer 3

You could draw up a simple paper saying I @$$hole Father give up all rights and any legal obligation as well as all paternity rights to wonderfull child on this day in. Aug 28 2007?? as long as you have his signature and a couple of witnesses, and make sure that you have thier phone numbers and addresses and all that, then you can take that to a the jouvenile court system where you are and explain or have documented how this man has been or in this case not been to the child and there you go......

Answer 4

In Texas it is very hard to get a father to sign over rights and you will ALWAYS need an attorney. In order for you to do this you will have to prove that your fiancee wants to adopt the child which means starting adoption proceedings. The state does not look highly upon women who ask the fathers to give up rights mostly because that means the state in some form or another will end up supporting the child. As for him denying the baby is his file for child support through the Texas attorney general child support division they will force him to give a DNA sample to prove if the child is his or not. Now can he sue to take the child, that's a total joke! If he denies the baby is his, does not have contact with the child, and does not pay child support he'd be laughed out of the court room! He'd have to prove you unfit and in our great state that is VERY hard to do. Stop playing games and talk to an attorney that specializes in adoptions. If you cant afford one outright many take payments or you can go to legal aide

Answer 5

it is not legal to "bastardize" your child. Sounds horrible, but that is what they call it. The only way you can have his rights terminated is if someone adopts him, (Say you meet somone and get married). and then it is still a process. You have to serve him at the last known address and then place an ad in the paper I think it has to stay there for 6 months. same is true for the father, he cannot just give up his rights. It is not as hard as it sounds, if the father abandoned you and the baby it is easy. in the end the baby must be adopted before his rights are terminated.

Answer 6

One path is the termination of parental rights, but I doubt you can get it without the court. The court looks out for the interests in the child's life, and it's not clear to the court that it is in the best interests of the child to allow his biological father to opt out of any rights he might wish to excercise later.

I think what is key is the adoption process. According to your ex, you don't know who the father is. That is perhaps a path through adoption that might give you the answers your fiance and you are looking for. The question for the adoption authorities would be what if the "unknown" biological father shows up after the adoption?

I suspect that by deciding to not exercise his rights as the parent during the adoption process, the father will be giving up the rights that you are worried about him trying to recover later.

This is a tough one. I hope you get answers from folks that know more about this.

Answer 7

You will need to hire an attorney and may need to have minor court involvement by simply having a hearing or have a judge sign-off on the documents. Paternity and your child's future is a really big deal.

I wouldn't even try to do it yourself. I know it's really expensive as a relative looked into doing it before the father refused, but I think it really would be best.

And before he can sign over his rights, he has to be proved the father. If he isn't the father, then whatever he signs is meaningless.

Answer 8

Correct me if I am wrong. If he isn't on the birth certificate, unless he has a paternity test, he has no rights. So are you just going to have him sign a paper saying that he will never have a paternity test? I am confused.

Answer 9

You can go to an attorney and have a paper drew up............ Or you can draw it up as long as you get it notarized and they witness him signing... get ex to meet you at a notary office to get it witnessed and notarized................... and then go on with your plans...........

Basically have it say he is 100% sure the child isnt his, and he doesnt want anything to do with the child now or in the future. Have it say that he is waving his rights to visitation/ DNA testing.....

if you are on welfare they will not let you take his rights because they can go after him at a later time for support.

Since he isnt on the birth certificate it makes it even easier....

Good luck ( i have a deadbeat ex as well)

Answer 10

Get a family law attorney. And no more personal contact with the other guy, no phone calls, no emails, nothing. Let the lawyer handle it from here. If he does decide to be a father, there may not be much you can do about it, except learn a lesson and teach other young people why it's best to wait until marriage to have sex.