Hello I'm 7 months pregnant with my second child and the father of the baby threatened my life after the baby is born, he is angry because I'm back with my 1st child's father but he clearly stated in emails and text mesg that he don't believe the baby is his and he wants a dna test so I asked him to sign over his rights to the baby once she is born since he isn't ready to be a father , now he just keep going on with threats and so on I was wondering since I have a order of protection against him for a year is it possible for him to find out when the baby is born and fight for custody of the baby since I have the order of protection.

Why does everyone think they can simply sign over rights to a child like they are an old car or something or make someone else do it.

Both parents have parental rights that can only be taken away by the court... and they rarely do that.

Any other issues are separate issues that should be dealt with on their own.

And yes, one the kid is born... either parent has the right to file for custody of the child once paternity is established.


In fact there is a sticky at the top of this forum, if people would take the time to read it they might not keep asking the very same thing.

https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html

Absolutely. He may ask for visitation once paternity is proven. A court would probably not take away his visitation rights entirely. He does have the right to petition for visitation, and will probably get at least supervised visitation (unless you can prove that he a danger to the child.. from what I am reading here, that answer would be no). He cannot just sign over his rights EVER. He may have them involuntarily terminated by a court (very, very rare), or may terminate them to facilitate an adoption. A search of the website would have gotten you several great answers about this topic.

Furthermore, your relationship with him is COMPLETELY separate from his relationship with the child. He was good enough to have a child with, and he now has the right to be a part of that child's life. He doesn't have to earn it, biology gives him that right. (although he has to go to court to exercise it). He also has the obligation to support this child. (you may have to go to court to enforce this)

OK thanks for info but I didn't realize how crazy he was until after I was pregnant , he says he not ready to be a father that's why he asked for the dna test and he will be to busy to be a father , that's why I asked him to sign over his rights afte the child is born I'm well aware that we have to go through court procedures and all that I just want evrything done the right way so in the future we won't have problems but he is going nuts with the threats and so on that's its hard t evn be civil with him. And I don't care about child support I make good money and am very well capable of finacially taking care of my baby.

Whether you are financially able to care for your child or not doesn't really matter here. Your child has the right to receive the support of both parents, and it is your responsibility to take the necessary steps to make this happen. You don't have to be civil to him, you don't have to like him, you don't even have to see him. He still has the right to ask for visitation with his child through the courts, and his threats to you (documented or not) won't stop him from getting it. The visitation is with the child, not you and if you can't deal with him, the court will suggest a third party that can. There is NO court procedure you can go through to have him sign over his rights... this can only happen if there is a pending adoption and the TPR (termination of parental rights) is needed to facilitate it.

If you really want this done the right way, you petition the court for genetic testing, and have a determination of custody made afterward. Document the threats and patterns of unstable behavior. File police reports, make recordings if necessary, and if he asks for visitation, YOU ask that it be supervised. If he is proven to be the father and you do not have custody formalized, he has the same rights that you do. This means that it he took the baby for a visit, and decided not to bring him/her back, he is well within his rights to do so. The only thing that can stop this is a court order.

That's the thing I don't want a bad reltionship with him I want him to be a grown up but by the time my baby is born I will be gone anywayz I'm moving to a new state next month,

Nothing can be done till the child is born.
No he can not just sign over his rights, He will have the right to ask for a DNA test
He will have the right to ask for either joint custody or at lest fair visitation.

Unless he is proven a threat to the child, he will get visits.
You may get the court to order him into a parenting class, a anger management class or something, but again, he is very likely to get at least visits

Comments on this post
kami_star1 does not find this helpful : no where in my ? Did I refer to my child as a car comment not needed

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedback/using-comments-feature-24951.html

Your negative rating was inappropriate. Smoothy didn't say that you said that, but people seem to think they can just sign away their rights to a child in the same way they can sign over a car. He was making an analogy. Please learn the rules of this site before using it.

Second, as he also pointed out, it's a good idea to browse around before posting. Very often you will find a sticky or other thread that can answer your question. As indicated there is a sticky that deals with this plus thousands of other threads asking a similar question.

So, to sum up. He can't just sign away his rights. Only a court can terminate parental rights and they rarely do so.

If he does file to determine paternity and you move without court permission you may be required to return. And you cannot hide the child from him. That could be considered parental kidnapping.

P.S. is you have any follow-up questions or info, please use the Answer options at the bottom of the page not the Comments.

Its not kidnapping the baby is still inside me and when I move she will be still inside me there is nothing he can doanywayz until the baby I born

First, like I said, please use the Answer options for follow-up info.

I said if you hide the child, obviously you can't hide a child who hasn't been born. Generally there is nothing he can do until the child is born, but if you try to deny him his rights, the courts will not look kindly on you.