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jenniferstover · Mar 15, 2009, 11:34 AM

My name is jennifer and I was wondering if my son is 8 months old and the father has never seen him, tried to contact him, paid child support and is not on the birth cert does he have any rights to my son and can I file for child abondonment? I am married to a new person and he wants to adopt my son but I don't know if my ex has any rights. If he does not can my husband now adopt him with no issues?

cdad · Mar 15, 2009, 11:48 AM

Your ex has rights and all he needs to do is go to court to have them acknowlage them. Did you go to court for child support already ? Is your ex on the birth certificate ?

Your new husband can't even think of adopting until you have been married for at least 1 year in most of the court systems. You need to straighten out the old baggage before you start new baggage.

jenniferstover · Mar 15, 2009, 11:58 AM

My ex s not on the birth certificate and has never proved paternity. He keps threating to come and take my son awsy with out court permission. I don't know what I can do. He is nothing t my son and I want him to lose parental rights.

JudyKayTee · Mar 15, 2009, 12:39 PM

Originally Posted by jenniferstover

my ex s not on the birth certificate and has never proved paternity. he keps threating to come and take my son awsy with out court permission. i dont know what i can do. he is nothing t my son and i want him to lose parental rights.

He cannot come and "take your/his son away" unless he goes to Court and requests custody, proves you to be unfit. He can always file for joint custody and/or visitation but he will be ordered to pay child support.

The Court will order DNA testing.

At the moment he has no legal standing.

Unfortunately, he IS "something" to your son. He's very possibly your son's father and, no, you cannot take away his parental rights UNLESS you can prove he's unfit or a danger to the child.

These situations are posted all the time - I don't understand how/why you had a child with this man.

jenniferstover · Mar 16, 2009, 04:33 PM

I did not try to have a child with him. I found out I was pregnant months after we split up but my friend told him I was pregnant. So as of right now he has no parental rights to my son?

stevetcg · Mar 16, 2009, 05:03 PM

Originally Posted by jenniferstover

i did not try to have a child with him. i found out i was pregnant months after we split up but my friend told him i was pregnant. so as of right now he has no parental rights to my son?

Technically he does not, but it's a simple DNA test and he has full rights, including, up to joint custody.

You had sex with him... so yes, you did try to have a child with him.

nikosmom · Mar 16, 2009, 05:09 PM

Originally Posted by JudyKayTee

Unfortunately, he IS "something" to your son. He's very possibly your son's father and, no, you cannot take away his parental rights UNLESS you can prove he's unfit or a danger to the child.

Judy is correct and keep in mind he has the option to NOT sign his rights away which sounds like he may exercise. You can't force him to sign over his rights just because you're remarried.

ScottGem · Mar 16, 2009, 05:16 PM

Lets make sure you understand the law here. Before your husband can adopt, you need to qualify under your state laws for adoption. Next you need to get an attorney to file a petition for adoption. Part of that petition will be the termination of the bio father's rights.

For the TPR to be granted the bio father needs to be identified. This means he will have to undergo a DNA test. Once the legal father has been determined he can relinquish his rights to clear the way for the adoption. If he refuses, he can file for joint custody, visitation, etc. In response you file for child support.

That's the process you MUST go through. So, if your new husband wants to adopt, you need to retain an attorney to prepare all the paperwork.