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heatherharney · Jul 13, 2011, 06:11 PM

My ex hasn't had contact with my first 2 children in over a year I tried a few times but no response he has since stopped paying child support and has been declared medically disabled due to back and eye problems. I would like to be able to revoke his parental rights so my husband of 2 years can adopt them. My daughter is 3 years old and is not biologically his but he did willingly sign the birth certificate. So can I prove him not the bio father and let my husband adopt her or are there other procedures I need to go through? How can I get all parental rights to my children? Are these reasons good enough to get his rights revoked?

ScottGem · Jul 13, 2011, 06:20 PM

I'm assuming this is different from your brother's situation.

No, your reasons are not good enough by themselves. But couple with your husband wanting to adopt, the may be. So what you do is get an attorney to prepare the adoption petition. The attorney will tell you what you need to do terminate his rights.

Synnen · Jul 14, 2011, 08:08 AM

Let me just add that if the legal father decides to fight you on this, you may not be able to revoke his rights.

Unless you can PROVE he is a danger to the children.

It's difficult to take someone's parental rights away on PURPOSE. Otherwise, I could say I don't like how you parent, and take your kids from YOU just because I wanted to.

this8384 · Jul 14, 2011, 09:21 AM

Originally Posted by heatherharney

My ex hasnt had contact with my first 2 children in over a year i tried a few times but no response he has since stopped paying child support and has been declared medically disabled due to back and eye problems. I would like to be able to revoke his parental rights so my husband of 2 years can adopt them. my daughter is 3 years old and is not biologically his but he did willingly sign the birth certificate. So can i prove him not the bio father and let my husband adopt her or are there other procedures i need to go through? how can i get all parental rights to my children? Are these reasons good enough to get his rights revoked?

Have you tried applying for benefits for the children because their father is disabled?

Did he choose to stop paying child support or was the support order terminated due to his disability? That makes a difference.

As far as "proving him not the bio father" - you should have thought of that before the two of you fraudulently completed a legal document. Laws vary by region regarding contesting paternity - where are you located? With your daughter being 3 years old, you may be past the statute of limitations to contest paternity.

AK lawyer · Jul 14, 2011, 04:10 PM

Originally Posted by heatherharney

My ex hasnt had contact with my first 2 children in over a year i tried a few times but no response he has since stopped paying child support and has been declared medically disabled due to back and eye problems. I would like to be able to revoke his parental rights so my husband of 2 years can adopt them. my daughter is 3 years old and is not biologically his but he did willingly sign the birth certificate. So can i prove him not the bio father and let my husband adopt her or are there other procedures i need to go through? how can i get all parental rights to my children? Are these reasons good enough to get his rights revoked?

First issue: would he be willing to agree to this? Have you asked him? It's not clear whether you have lost touch with him or simply that he has failed to continue a relationship with the children.

You know he is not the father and yet you made him pay child support? Why was that? You just knew he is an easy mark?

If he won't agree, in many places there is provision for a waiver of consent under certain circumstances. Ask your attorney.

ScottGem · Jul 14, 2011, 04:27 PM

I missed his not being the bio father. If you prove he's not then you will have to find the bio father to get his permission for the adoption. If you even go after him as not the bio father, what do you think it will say about you to the court?

kcomissiong · Jul 15, 2011, 06:45 AM

Where is the bio dad? He could argue that he believed the child belonged to someone else, and fight the adoption. If you never gave him the opportunity to be a father, a court won't strip his rights for not doing so. You really need a lawyer here, because if you try to work your way around getting the proper consent, from the proper person, the adoption can be overturned.