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Okay, my son is 3 months old. The father and I broke up when I was 2 months pregnant. He is not on the birth certificate, no dna test have been done. We want him to give up his parental rights. Does even have rights since he hasn't legally acknowledged my son as his.
If he is the bio father then he has the rights. You cannot force him to give up those rights. I don't understand why you would want to.
Also, why aren't you going after him for child support?
Yes he has right if he is the father regardless of whether he is there or pays support. He has a right to a DNA test if he chooses. You can not force him to give up his rights, he has to do so willingly, although this will not prevent him from paying child support. The only way he can lose his rights unwillingly is if he is proven in a court of law to be unfit, abusive, or a danger to the child. Sorry.
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Originally Posted by ScottGem
Is there anything we can do for him to sign away his rights. He is willing to do so for the well being of my son. He is back with his wife that he left for me and she is very bitter and is a danger to my son if she ever gets the chance to get her hands on him.
Again why would you want that? Explain to me how having his father wash his hands of him enhances the well being of your son? If his wife poses a danger to him, then keep her out of the picture. But that is no reason for his father to abandon him.
And, again, he should be paying child support.
If he is willing to sign over his rights the only way I know of, in Ohio, is you have to have someone waiting to adopt the child in his place.
I have been down this road... I left my daughters father when I was pregnant, he saw her a few times but then went almost 5 years without seeing her. I had a child support order since she was 3 days old. But it was a constant fight because he continuously switched jobs and they couldn't find him. At one point I kept asking him to sign over his rights and he would always say no... then one day he said okay. I contacted my attorney that day and he said I had to have someone to adopt her in his place.
Then I got to thinking... what was the point of me having him sign over his rights? Why was I letting him get off so easily... he wasn't seeing my daughter or even attempting to... so he wasn't exercising his rights anyway. So I just left it alone, continued to get support, because there was nothing he could do about it... and he chose not to see her. There was no point to change it.
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