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Home > Law > Family Law   »   How to eleminate parental rights?

 
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Old Sep 19, 2008, 05:10 PM
skpblp
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How to eleminate parental rights?

I have a three year old that's father has not tried to contact her in any way in almost a year now. I live in Missouri and are wanting to know how long with out contact do I have to wait before I can get his rights desolved so that my husband may adopt my daughter. Her father has not called, sent letters or birthday cards, has not came to see her or asked to even meet some where, nothing. He also has not sent a dime of child support in the year and a half that he has been gone. What is the best course of action. I don't want to contact a lawyer if it won't do any good yet.

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Old Sep 19, 2008, 05:27 PM   #2  
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You will still need his signature for your husband to adopt your daughter.
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Old Sep 20, 2008, 06:48 AM   #3  
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You can't have his rights "dissolved".

You need to talk to a lawyer about the process in YOUR area.

You must get the biological father to sign away his rights before you can start adoption proceedings.
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Old Sep 20, 2008, 06:56 AM   #4  
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In MO no amount of time will ever get rid of his rights, You are going to have to get him to sign his rights away, or be served and he not show up in court to fight for his rights and the judge takes them away then.

So the lawyer will be the first stop.

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niccki1211 disagrees: This answer is not correct, it is possible to get a parents rights dissolved
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Old Sep 22, 2008, 02:44 PM   #5  
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All the answers above are incorrect. You can terminate his rights and as long as you have lived in MO for at least six months been married to your current husband for at least a year you have a great case for having your child adopted by your husband and your ex taken off the birth certificate. If you want to get a lawyer do it now before your ex decides to come back in to the picture and start trying. If he can not be found you will need to post a public notice if he still does not respond to that it is possible for your husband to adopt. It is a long process, I think it can take as little as 6 months, this also depends on the courts and how quick they are to set court dates.

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Fr_Chuck disagrees: Wishful thinking
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Old Sep 22, 2008, 03:46 PM   #6  
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As already said you can not just have his right taken away. You will have to get a lawyer because they are needed for all adoptions. You might as well get one sooner rather than later because you will have to have one anyway and they will be able to give you more suggestions on how to find the bio dad to see if he will allow the adoption.
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Old Sep 22, 2008, 03:52 PM   #7  
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Quote:
Originally Posted by niccki1211 View Post
All the answers above are incorrect. You can terminate his rights and as long as you have lived in MO for at least six months been married to your current husband for at least a year you have a great case for having your child adopted by your husband and your ex taken off the birth certificate. If you want to get a lawyer do it now before your ex decides to come back in to the picture and start trying. If he can not be found you will need to post a public notice if he still does not respond to that it is possible for your husband to adopt. It is a long process, I think it can take as little as 6 months, this also depends on the courts and how quick they are to set court dates.
Well only correct to a small part, first if the bio father will not sign, and shows up in court to dispute, it will not happen, if he cares less and does not show up, yes it can happen, but then that is also in a way with fathers consent since he decided not to show up.
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Old Sep 23, 2008, 11:57 AM   #8  
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Yes there is a way to get his rights dissolved without him signing them over. Although it is a long drawn out process. And either way you will have to go see a lawyer who specializes in family law and adoption. I am currently going through the same type of situation trying to adopt my step daughter. Go see a lawyer! and just keep your hopes up! There is a way!
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