[JennSmallman]

The father of my now 3 year old daughter left when I was 8 months pregnant. And has not seen his daughter since she was about a month old... we were not going through lawyers because he was not fighting anything. So we both went through the family law office,we would get legal advice but no one would represent us in actual court.
I started my court journey back in 2006 and the father came to one court date. We did our own papers and sent them in. I was very honest on my papers because if I lied on them I had the chance of losing my daughter. So I was very honest and 2 days before our final court date he decides to serve me with his response to my original papers which his response was nothing but lies.. so our final court date was postponed due to I had no time to respond to his lies.. I did write up my response that same day I received his papers because I was so upset he would do this. Up until then he was going along with everything so he wouldn't get stuck paying child support... he then asked in front of the judge, that he was requesting a dna test which I should pay for. The judge told him if he is requesting it he should be paying for it... or make a deal with me that we both pay half and if he was the father he would have to pay my half back to me. The judge then wrote up the dna test and gave us each a copy and when and where to go to have this done. We had a court date a week later after he wrote up this dna statement, and told the judge he was not going due to he didn't have the funds to do so. His lawyer (which he got after I gave the judge my response to his lies he served me with) had then sent me yet another letter in the mail from "fed ex".which I'm thinking is another paper I'm being served with but no, she was letting me know that she was not going to be his lawyer anymore. I laughed so hard,that just made my day right there... after that things went downhill,he didn't show up to any of the court dates.. its been in a court order since sept.2006 and I have had nothing sent to me. He has not had any contact with me over this other then him emailing me saying he loves me and wants his family back... I got married and am happy with my husband,who has been there for my daughter and myslef since she was 2 months old.he started to be just a friend but things happen.we were high school sweethearts and things fell apart,but happy it all came back to me... anyways the court has been doing as they say everything they can to get the child support or any kind of contact with him to get him to sign over his rights. Can I file for child abandonment? It's been well over a year... they have froze his bank account,suspended his license,had the police go to his work,his boss was given a letter to garbish his wages and he refused with no explanation... I just don't know what to do anymore. He owes over 8000 now and I know I won't see any of it,so if he signs over his rights that is gone and I can move on with my life... my husband would like to adopt my daughter as she is already his little girl but just not leagally. Any advice??

[George_1950]

The way I understand these matters is that you and your husband should file a petition to adopt your child; part of the case will involve a hearing to terminate the father's parental rights. He is entitled to notice and present whatever evidence he wishes. Your case sounds very strong.
Just curious: you and the father were never married, right? You will need a lawyer for this.

[cdad]

The way I understand these matters is that you and your husband should file a petition to adopt your child; part of the case will involve a hearing to terminate the father's parental rights. He is entitled to notice and present whatever evidence he wishes. Your case sounds very strong.
Just curious: you and the father were never married, right? You will need a lawyer for this.

I think this may only be 1/2 right. If Im correct in my thinking of the timeline. The father ( alleged ) failed to go through with the DNA test or any other tests. Im guessing that he didn't sign any papers either. That being said he may or may not be the legal father yet. If he is not yet the legal father then he has no rights to give away until it is determined that he is.

If you try to proceed with an adoption then you might have to first establish him as father then have him relinquish or the courts relinquish his rights to the child. Another thing is that somewhere along the line people messed up on a royal scale for not establishing a bench warrant for him to appear in court. That way if he doesn't show of his own accord he will be made to do so after visiting at the grey bar inn until the proceedings can take place.

[JennSmallman]

The way I understand these matters is that you and your husband should file a petition to adopt your child; part of the case will involve a hearing to terminate the father's parental rights. He is entitled to notice and present whatever evidence he wishes. Your case sounds very strong.
Just curious: you and the father were never married, right? You will need a lawyer for this.

My husband and I have filed for adoption but until he signs over his rights we are on hold. No myself and the real father were never married we were only dating for a month I got pregnant and he walked out when I was 8 months pregnant. My husband now is military so we have the best lawyers who don't deal with no bull poop.

[George_1950]

My husband and I have filed for adoption but untill he signs over his rights we are on hold....

I don't believe this conclusion is correct; a court with jurisdiction can terminate rights without his consent. He doesn't have to sign a thing. What state?

[Fr_Chuck]

Yes, if you prove enough, and/or he does not respond or fight, the courts can take away his rights anyway,

The other, a employer can not just "not garnish" by doing so they can become personally liable for the debt itself.

Has your attorney looked into this stuff at all.