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coley5544 · May 3, 2009, 07:03 AM

Hello, I have a four year old daughter, her father has never seen her and is not on the birth certificate. He made it very clear when I was pregnant that he wanted no part of her life or mine anymore. When seen since he would make excuses and run from me. He is now incarcerated, and has been for a little over a year. Does he have any rights to her if hee should choose later? How may I get his rights revoked, and/or could I file for abandonment? My Fiancée has been in her life since she was 6 months and she has no other knowledge than him being her real father. And we would like to keep it that way, any thing I can do? Thank you!

ScottGem · May 3, 2009, 07:10 AM

If you browsed thorugh some of the hundreds of similar posts in this forum, you would have had your answer.

You can't file for abandonment because none has occurred. He is not the legal father since you didn't put his name on the birth certificate. Even if you had, abandonment is not a crime here. The child was not left without adult supervision. Abandonment can only be used as grounds for something else.

What you really want is a Termination of Parent Rights (TPR), but you can't apply for that since there is no legal father.

So what you need to do now is wait. Wait until you are married for at least a year. Then have your husband apply to adopt the child. At that point you will have to name the father and a DNA test will be performed to confirm it. You will then have to get a TPR to clear the way for adoption.

Now its possible that the father will refuse to relinquish his rights. If that happens, you can then apply for the TPR on grounds that as a felon, he rerpesents a danger to the child. You can also throw in abandonment and anything else your lawyer feels appropriate. And you do NEED to have a lawyer prepare the adoption paperwork.

Fr_Chuck · May 3, 2009, 08:03 AM

He has "rights" but can not use them till he takes you to court and proves he is the father though DNA tests.

You have the right to prove he is the father and file for child support against him.

He is not required to sign over his rights but if you are remarried and the new husband wants to adopt, he could sign his rights over ( after he proves he is the father)

In the end, if he wants to go to court after he is out of jail, he is likely to get at least supervised visits.