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mrichmond
Nov 17, 2009, 10:26 AM
How can I terminate my exhusband's rights to my 2 year old son? He is not the biological father, he's behind on child support, he's not providing full heath care per our divorce decree, he moved to another state 4 months ago, he has a drug problem and depression problems and has been in rehab 2 times within the last 4 months. I have full custody of my son, I have moved on and will marry a wonderful man that wants to adopt my son. So how can I terminte my ex's rights?

J_9
Nov 17, 2009, 10:43 AM
Please read this STICKY (https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html)... if you have any questions after reading this, we will be happy to help you.

stinawords
Nov 17, 2009, 10:45 AM
Why is your ex the legal father if not also the bio father? If you knew he wasn't the bio father then you shouldn't have put him on the birth certificate (that's fraud). Unless of course you were married when you had another man's baby and he was just assumed to be the father in which case you needed to have the bio father file in court to get his rights. As of right now he is the legal father so unless the bio father steps up and wants to go to court for his son then the fact that he isn't the bio father has absolutely nothing to do with what you are wanting to do. In order for your new husband to adopt you will first have to be married for the length of time your state designates (most a year) then ask your ex if he will allow the adoption and you can let him know that it will end his support obligation and everything toward the child because it will no longer be his child. Unless of course the scenario is that you already had the child when you married your now ex and he adopted in which case it is final you can't just keep switching fathers on a whim.

Fr_Chuck
Nov 17, 2009, 12:52 PM
Yes, did your "ex" adopt the child ?