how can i have my daughter's biological father's rights revoked? he has nothing to do with her. He has seen her maybe 3 times in the last 6 months, and he is expected to go back to jail. He does and sells drugs. I am simply terrified for him to be around her.

Fr_Chuck

Most likely not, esp if he has seen her that often,

You will have to see if he will sign his rights away, you can go back to see if you can get him on supervised visits only.

jessica1127

Is there any way i can have his rights revoked? i have already asked him to sign over his rights but he won't. that was about 3 months ago and the last time he even made an effort to see her. I am getting married in 2 months and would like my new husband to adopt her. he has been the only father she's known. how do i go about doing this?

twomuttsmom

To adopt, most state laws require the marriage to have taken place at least 1 year ago prior to the adoption plea. If he does not sign his rights over, then you would hire an attorney. He may do one of two things - file a petition in the papers that warrants a response from him. If he does not respond in the allotted time, then you may get an automatic judgement. OR... they may go ahead and go to court and it simply be awarded by a judge. DO NOT LOSE HOPE> this happens everyday, all over. If you can prove his habitual lifestyle, then you have a really good chance.
Good luck.

jessica1127

thank you, I have an appointment with a lawyer to get full custody. and then were gonna take it from there.but the lawyer told me that in the stater of massachusettes, most judges won't just take his rights away. i guess all i can do is hope!!

twomuttsmom

good luck - i would think the burden of proof would fall on him to show that he is a fit father and why the judge would believe this. these judges aren't idiots, that's for sure...they see this all the time, it's like the saying goes..."give them just enough rope to hang themself". people of that character usually mess up again...and again

keep me posted

ScottGem

That's not just true of MA, its true of most states. In almost all cases a judge will not grant a non voluntary relinquishment of parental rights except in cases of a danger to the child or total abandonment (the parent can't be found). Even in a voluntary relinquishment courts are loath to grant it.

As the father is a convicted drug user and dealer, you MIGHT be able to get it on the basis of being a danger to the child. Also the fact that your husband is ready and willing to adopt may help your cause.

jessica1127

thanks for all the help... i'm just gonna see what the lawyer says on tuesday, i'll let you know what happens... i'm sure i wont have a problem getting custody but to have his rights revoked i know will be a hassel.. thanks again!!