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    momof2girls21's Avatar
    momof2girls21 Posts: 1, Reputation: 1
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    #1

    Aug 3, 2009, 04:05 PM
    Can I take his rights away as a father
    My name is Patricia I have a 2 year old daughter her father has not had any type of contact with me or her since October of 2007. We have never been to court for any custody or support arrangements he has never provided any type of child support since my daughter was born. As of right now he is in the US marines on active duty in japan. I would like to know if there is a way I can relinquish his rights as her father and have my soon to be husband adopt her ( we are getting married in 19 days) I know I have to wait till we are married to do anything. My Fiancée is really the only father she has ever known.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Aug 3, 2009, 04:42 PM

    The fact that you two have never been to court doesn't prove neglegence on his part. So unless he is willing to sign away his rights there is no way to take them away. If he is stationed in japan there is really no issue with the visitation end.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 3, 2009, 05:19 PM

    Before a court will grant an adoption, it has to be satisfied that the bio father is agreeable to it. If the bio father refuses to relinquish its unlikely the court will grant the adoption
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 3, 2009, 05:49 PM

    Several issues, he is not behind with any child support, since you never went to court after it. No court order no neglect in paying.

    Next had you gotten a support order, the military would take it automatically out of his pay.

    Unless he agrees to sign over his rights, no there is hardly any chance it will happen
    cheekymonkey71's Avatar
    cheekymonkey71 Posts: 7, Reputation: 1
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    #5

    Aug 3, 2009, 06:08 PM

    Did you put your ex on the child's birth record in the hospital?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Aug 3, 2009, 06:16 PM
    Quote Originally Posted by cheekymonkey71 View Post
    Did you put your ex on the child's birth record in the hospital?
    Doesn't matter! When they apply for the adoption, the court will require that the bio father be determined and that he relinquish his rights.

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