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crystal5581 · Feb 25, 2008, 01:34 PM

Okay so here is my question. I have a 15 month old daughter by a guy who never wanted to have children. He hasn't seen or had contact with her in a year. Nor is he paying child support. Me being a worrier have recently started writing a will. My concern is that if I should die before my daughter is legally considered and adult, she will be placed in the home of her father. Who Like I stated has no interest in being a part of her life what so ever. He has stated to me in the past that if he could he would put her up for adoption. Now my question is How do I go about having him give up his parental rights?? I don't want to have to think about if my life should end. My daughter and innocent child should have to go live with her father. I would rather her go to someone in my family who I know for a fact would love her and take the best care of her they possible could. Am I wrong for thinking this way?? I just know he isn't interested in being in her life at all, so why should me dying change his mind?

I appreciate any advice I can get... Thank you

ScottGem · Feb 25, 2008, 01:44 PM

You generally don't. If you read the many threads here on this issue, a TPR is generally not granted except when someone is waiting to adopt or the parent represents a danger to the child.

So I wouldn't waste time trying to get a TPR. What I would do is find a guardian and have guardianship given to that person in your will. If the bio father wants nothing to do with the child, then he won't challenge the will.

cdad · Feb 25, 2008, 03:51 PM

Another thing that courts can consider and I hate to drag religion into it but if you were to have God Parents for the child and a statement in your will for them to raise your child then that also carries some weight in a courtroom.

Fr_Chuck · Feb 25, 2008, 04:43 PM

First you need a legal custody agreement in place, in it, you can try and limit his rights as much as the judge will allow. You should have child support in place ( taking his rights does not stop child support) It is the child's money not yours.

In that have your attorney work up paperwork giving his permissoin for someone to be awarded custody at your death