Check out some similar questions!

smb2001 · Feb 1, 2008, 11:30 PM

I have a 15 month old baby girl, and her biolgical father hasn't seen her ever, he lives in another state, and just started paying child support to the state, and I don't see a dime of it, due to me being on state assistance at the moment, soon to be changing. I have full legal custody of her, and if he wants to see her it is on my terms under supervised time of who I choose, and he says no. There for he says it will be a while, I want parental rights signed over. She has a dad that has been here for her since day one, and loves her very much. How can I do this? Her biolgical dad had a restraning order up against him from me but now it is expired, and has a bad past. Any ideas?

Synnen · Feb 2, 2008, 10:17 AM

Get a lawyer, have him PROVE that the bio father would be a risk to your child, and have them sever parental rights.

However... most states will not all parental rights to be severed unless there is someone to step in to take up the responsibilities--in other words, someone to adopt. Many states require that person to be your spouse, not your boyfriend.

And really--why would your ex want to sign away parental rights? That won't stop him from having to pay child support unless an adoption happens, so the only thing he'd get is a bill to pay every month for a child he can't see and has no right to--who would be that dumb?

Marry your boyfriend, get a lawyer, and get off public assistance (with you on public assistance, the state is subsidizing THEIR cost of taking care of your child with the child support that SHOULD be what is taking care of your child). I know it's hard, and I know you'd really rather not have him in your child's life. The thing is---the state wants to be SURE that someone is going to step up to the plate to help care for your child before they take away the rights of the biological father.

Fr_Chuck · Feb 2, 2008, 10:50 AM

Of course unless there is a court order for supervised visits, he could fight it in court since only a court ordered visitation agreements are really binding, so he can visit the child under court terms even if it is not your terms and could have course force it in court.

Next if he is paying child support there is little chance of the court taking his child rights away. And the fact you are not getting the money is not the issue, the fact is, he is paying.

You can ask for him to sign over his rights to allow your new partner to adopt.

But in many places you will have to get married, and yes, getting off public assistance would be a good things in the eyes of the court but may not be needed.

But as long as the father is paying child suppot and wants to be part of the child life, it is going to be hard if even possible to take his rights away.