[kerrylynch]

My daughter is about to be six when she was born my boyfriend of eight years signed her birth certificate and has been her father ever since last year her boilogical father shows up after getting out of prision and has a dna test that he ordered on the internet done it came back positive he seen her four times and decided that he could never take leon boyfriend place so he disappeared and has not been around for a year I want to know what has to be done for leon to adopt her

[Fr_Chuck]

A real legal mess,

1. where is this, since the laws differ

2. he can not adopt her, since at this point he is legally still the father by the birth certificate.

3. online DNA tests are not valid in court, so the real bio father will have to file a motion in court to be established as the father, and get a court ordered DNA test.

3a. The problem some states after a time limit will not allow challenges to the birth certificate, so in some states the boyfriend may always be the legal father.

But the problem is, to adopt, he has to first be declared legally not the father, and then the real bio father will have to sign over his rights to allow him to adopt.

Since the boyfriend decided to do fraud and sign the birth certificate it is a real mess that will be costly to fix ( even if it can be)

You seriously need a local family law attorney to look at this and tell you what can happen or would is allowed to happen in your location

[ScottGem]

Frankly, I would just leave things alone. As Chuck said, Leon is considered the legal father, therefore there is no need for him to adopt.

Unless the bio father changes his mind and decides to go to court you would be better off not opening this can of worms.

[kerrylynch]

My situation is in ga. The only reason I want to adopt is because I am losing temporary custody until I complete 6 months in rehab and as of right now a friend of the family has guardianship of my daughter and seems to think leon has no rights I would love to see my daughter placed with her daddy until I am out how can I make this happen the bio father has no rights to give up I don't think am I right help what can I do we are willing to get married if necessary

[Fr_Chuck]

1. OK who are you, step father or father

2. how do you have temp custody.

Was the child already adopted by the step father, if so then the bio father has no rights to the child

If the child has never been adopted by step parent, then unless taken away by a court, he would retain his rights.

[kerrylynch]

I am the mother I had full custody now dfcs has placed my kids in what they call a safe home because I failed a drug test for marijuana so I am being sent to rehab in 30 days the kids can come to stay with me there but until then they have to be with someone else no the step father has not adopted the child he is on the birth certificate she has his name he is all she has ever known as a father I want her to be with him instead of the friend of family but for some reason every body (not judge or lawyer) just family seems to think he has no rights

[AmandaLynn1288]

When he signed the birth certificate, did he also sign the paternity papers? If he did, then he has the same rights as a biological father would have.

[Curlyben]

>THREE Threads Merged<

[AmandaLynn1288]

Sorry about my last post... I meant to post that on a different thread!

[ScottGem]

i he is on the birth certificate she has his name he is all she has ever known as a father i want her to be with him instead of the friend of family but for some reason every body (not judge or lawyer) just family seems to think he has no rights

He is the legal father. End of story.

[Fr_Chuck]

If you sign the birth certificate there is no other "certificates" to sign, you are the legal father at that point and time unless the court declares you are not.

You can not adopt a child if you are already the legal father.

If you prove you are not the father, find the real father, have him declared by the court as the father, then have him sign his rights away so you can adopt
** but some states would not even allow this to happen.

Again, this is a real mess, Get a good ( really good ) attorney since this may be beyond some attorneys depending on your state

[szteci]

If a natural father has not paid child support or gave no form of communication to the child for over three years can he be force by the courts to relinquish his rights?
He will refuse to give up his rights and to refuse to pay the $55,000+ in arrears. The step father, who has been in the child's life for the last eight years and my spouse for the last 3 years, wants to adopt the child. Taking place in TX. Harris county.

[szteci]

if a natural father has not paid child support or gave no form of communication to the child for over three years can he be force by the courts to relinquish his rights?
He will refuse to give up his rights and to refuse to pay the $55,000+ in arrears. The step father, who has been in the child's life for the last eight years and my spouse for the last 3 years, wants to adopt the child. Taking place in tx., harris county.

Sorry, meant for other thread.