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HopefulMoM05 · Jan 5, 2009, 01:51 PM

Ok so just a little background about my situation... My ex and I were together for 5 years.. I tell him I'm pregnant and he tells me that it's not his and leaves. I went through the whole pregnancy by myself and he wasn't even there when my son was born. Public Aid made me go through paternity to get child support and it was proven a year later that he was my son's father. It's now almost been 2 years(since my son was born) and a year(since paternity was determined) that he has had nothing to do with him. In the meantime I got married to the man that has been here since my son was born and has provided everything for him. My son has never seen his biological father or ever had any type of relationship. We've agreed since we got back the paternity that when my husband and I got married he would sign over his parental rights so my husband would be able to adopt him and now out of the blue he changes his mind and refuses to sign over. So my ? Is... Isn't there an amount of time after the paternity is determined that the father has to take me to court for visitation rights or it's considered abandonment and the judge would terminate his rights? If not... what else can we do to get his rights terminated? Also if we move to another state what happens?

Someone please take a look at my?. I would really appreciate any info you have for me. Thank you soooo much!!

HopefulMoM05

this8384 · Jan 5, 2009, 03:36 PM

Originally Posted by HopefulMoM05

Ok so just a little background about my situation...My ex and I were together for 5 years..I tell him I'm pregnant and he tells me that it's not his and leaves. I went through the whole pregnancy by myself and he wasn't even there when my son was born. Public Aid made me go through paternity to get child support and it was proven a year later that he was my son's father. It's now almost been 2 years(since my son was born) and a year(since paternity was determined) that he has had nothing to do with him. In the meantime I got married to the man that has been here since my son was born and has provided everything for him. My son has never seen his biological father or ever had any type of relationship. We've agreed since we got back the paternity that when my husband and I got married he would sign over his parental rights so my husband would be able to adopt him and now out of the blue he changes his mind and refuses to sign over. So my ? is...Isn't there an amount of time after the paternity is determined that the father has to take me to court for visitation rights or it's considered abandonment and the judge would terminate his rights? If not...what else can we do to get his rights terminated? Also if we move to another state what happens?

Someone please take a look at my ?..I would really appreciate any info you have for me. Thank you soooo much!!!

HopefulMoM05

No, a judge will not terminate your ex's rights unless a) your ex is willing to have them terminated and b) there is another person willing to legally adopt the child. It can't possibly be abandonment if he's paying child support.

Check your paperwork before thinking about moving. Usually a parent is required to have the consent of the other parent prior to removing the child from the state.