[F]I was hoping that I could get some feedback on a question that has been bugging for awhile. My issue is that Im getting married to a man that wants to adopt my son and call him his on own but my ex-husband refuse to sign over his rights. My ex-husband does not support my son in anyway, hasn't seen him going on three years, doesn't even know what my son is going through with school, doctors, etc. Based on what I stated above do you think, I have the legal grounds to charge him with abandonment and let my soon to be husband adopt my son. Any answer would be great.at.at.

You would have to check the laws in your area.

In Ohio, it is a minimum of 6 months with no contact or child support. At that time, you can file abandonment and petition to have his rights terminated and allow your husband to adopt.

I would get a free consult with an attorney in your area, check the laws, and go from there. But keep in mind, usually the courts want it to be a spouse vs a fiancé... and most courts require a minimum of a year of marriage.

Forgot to add...

You need to be prepared, if the bio father comes into court and contests your motion you are going to be in for a fight, and it most likely will not end in your favor. Judges will not terminate rights unless they think that it is necessary and in the best interest of the child. If the bio father doesn't want his rights terminated, the judge most likely won't.

So you have a few options... file for child support, or tell the bio father you are going to. For some reason this is a big issue for a lot of absent fathers. Right now he is getting off easy... he has parental rights, but doesn't see the child and doesn't have to pay support.

The other outcome is that you going to court and trying to terminate his rights, just might bring him back into the picture. If he is dead set about keeping his rights, but knows that if he doesn't see the child he could be taken to court and threatened to have his rights terminated, he may start visitation.

Or you could just let it be. He isn't exercising any of his rights at the present time. So techincally having his rights terminated won't really change much.

But make sure to weigh all the pro's, con's and possible outcomes before you ruffle his feathers.

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Originally Posted by macksmom

Forgot to add...

You need to be prepared, if the bio father comes into court and contests your motion you are going to be in for a fight, and it most likely will not end in your favor. Judges will not terminate rights unless they think that it is necessary and in the best interest of the child. If the bio father doesn't want his rights terminated, the judge most likely won't.

So you have a few options...file for child support, or tell the bio father you are going to. For some reason this is a big issue for a lot of absent fathers. Right now he is getting off easy...he has parental rights, but doesn't see the child and doesn't have to pay support.

The other outcome is that you going to court and trying to terminate his rights, just might bring him back into the picture. If he is dead set about keeping his rights, but knows that if he doesn't see the child he could be taken to court and threatened to have his rights terminated, he may start visitation.

Or you could just let it be. He isn't exercising any of his rights at the present time. So techincally having his rights terminated won't really change much.

But make sure to weigh all the pro's, con's and possible outcomes before you ruffle his feathers.

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My exhusband is ordered to pay child support and I have turned him due to failure to pay. And the DA office here is having a hard time locating him. I told him that if he doesn't start seeing his son that I would take his rights and he still hasn't done a thing. But thank you for your advice and I will get ahold of a lawyer here in GA.:)

It is highly unlikely that you can "take" his rights. Courts are very reluctant to do that. I am surprised, however, that he is being obstinate about this since allowing your husband to adopt would end his financial responsibility.