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XNavyDude37 · Sep 28, 2007, 01:07 PM

My Finance and I have a 3 yrs old boy and the real father has never been there since day one, we would like him to sign his rights over, but they are still legal married, but have been separated for about 4 yrs and I have been with my finance since she was 2 months pregnant with him.

LearningAsIGo · Sep 28, 2007, 01:08 PM

I'm not sure what you're asking...

If you're asking about finding this guy, I would suggest a private detective and a divorce lawyer.

XNavyDude37 · Sep 28, 2007, 04:47 PM

Originally Posted by LearningAsIGo

I'm not sure what you're asking....

If you're asking about finding this guy, I would suggest a private detective and a divorce lawyer.

No! The father is still around, but never wanted visitation or any kind of support, he did and doesn't want anything to do with the boy or his mother, the man doesn't work all the time and has been in and out of jail many times He had to give a DNA sample when my finance filed for families first, so we know that its his

ScottGem · Sep 28, 2007, 04:53 PM

As a Navy Dude you should know that things need to be done in sequence.

First she needs to get a divorce. Next you two need to get married. THEN, you can file for adoption. Part of the adoption process will get him to relinquish his rights.

Fr_Chuck · Sep 28, 2007, 07:22 PM

First she needs to get a divorce, and unless she already has legal custody of the child she needs that, If she has not even filed for custody, he has legal custody as much as she does at this point and time, since they are still married.

After she is divorced, she can ask him to sign over his rights so you can adopt

macksmom · Sep 28, 2007, 08:24 PM

Originally Posted by mattme

My son has been in a custody/parenting time/support procedure since 2/07. When he went to court in August 07, agreement was (in writing) that “child support” would begin when papers were signed. Papers have not been signed yet, as all agreements have not been reached.

Letter from ex’s attorney (via our attorney) this date states that they are filing a civil action suit against my son for “warrant/arrest for child abandonment” and a contempt action suit. How can this happen if there is no signed order for support, by my son nor the judge?

Is our lawyer holding out for some type of strategy? Ie, that the ex will give more time, settle for less, etc. We stay really confused as to the court proceedings.

You need to post your questions as it's own thread and not as a post to someone else's question.

macksmom · Sep 28, 2007, 08:26 PM

Yup, as has been said... since they are married they both have custody. So a divorce needs to happen, she needs to get custody, you both need to get married, and then ask him to sign over his rights so you can adopt the child.

At this point nothing can be done.