Ask Me Help Desk - Bio Father wants custody

Hello,

My son is 11 weeks old. His father showed up literally days before the birth, only because it was scheduled and has not given any financial support for the child since. He signed the birth certificate and we gave the baby his last name. He lived in my apt for the first 2 months until I kicked him out. He lives on his roommates couch at the moment and works for $8 an hr. I make 2 1/2 times more than him and would like to take paternal rights away. He is not a good influence or role model for my son. Is it possible to have rights taken away from a biological father? How long does he have to go without supporting the child before I may be able to do this?

Thanks,

P.S. please do not judge, I'm not a cruel person.Looking at this post myself about a year ago I would have thought this person was bitter, but situations change and you never know what one goes through.

The short answer is no. It is nearly impossible to have someone's parental rights removed against his will unless there is crime involved. Non-support does not constitute a crime in this instance.

Is there a custody order? Support order? He isn't being non-supportive if there is no order forcing him. At least in the eyes of the law.

Sorry unless he is a very serious danger to the child, you are not going to take the rights away, Even if he was a danger he may get supervised visits.

And in most US states, merely not paying child support and not visiting is not enough to take rights away.

1. do you have a court ordered custody order

2. is there child support order from the court. If there is no court order then he can not be considered not paying, since there is no order to pay.

Quote:

Originally Posted by keishlsth

Hello,

My son is 11 wks old. His father showed up literally days before the birth, only because it was scheduled and has not given any financial support for the child since. He signed the birth certificate and we gave the baby his last name. He lived in my apt for the first 2 months until I kicked him out. He lives on his roommates couch at the moment and works for $8 an hr. I make 2 1/2 times more than him and would like to take paternal rights away. He is not a good influence or role model for my son. Is it possible to have rights taken away from a biological father? How long does he have to go without supporting the child before I may be able to do this?

Thanks,

P.S. please do not judge, I'm not a cruel person.Looking at this post myself about a year ago I would have thought this person was bitter, but situations change and you never know what one goes through.

Im sorry but I had to laugh at this question. You ask us not to judge yet in your closing you state " but situations change and you never know"

A lot can happen between today and the next 18 years. You thought he was good enough to make a baby with so now you just want to relegate him to sperm donor status. Think about what you wrote.

Like the others have said you can't do it so easy. Also its no longer about YOU its about your child.