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

    Feb 29, 2008, 10:41 AM
    Giving up parental rights
    My sons biological father has never been a part of his life and he is now 15 months old. He has refused a DNA test and of course has offered no assistance. Forgenently my son does have a father figure in his life who has been there since day one and would like to eventually adopt him. So my question is what can I do to get him to sign over his parental rights so my son can be adopted and we can move on with our lives.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #2

    Feb 29, 2008, 10:57 AM
    1. Get a lawyer.

    2. Get married.

    3. File for child support.

    4. Offer to waive child support if the bio dad will sign over his rights.

    5. Go to court to have said rights terminated, and adoption papers signed.

    Step by step process for you :)
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #3

    Feb 29, 2008, 10:59 AM
    Obviously the DNA test wasn't court ordered, otherwise he wouldn't be able to refuse it... or he would be held in contempt of a court order. So I am assuming you wanted to do a DNA on your own. Since he is refusing this, I am guessing he would probably willingly sign over his rights to get out of the responsibility.

    The problem is... you can have any of that done until you are married. No judge is going to allow a boyfriend to adopt your child. You will have to be married, and in most states, they require you to be married a year before they will even allow for the adoption. When that time comes, you will need to hire an attorney. The bio father will have to do a DNA test to prove paternity and then consent to relinquish his rights. All this will be taken care of by your attorney.

    But again, you can't do anything until you are married. If he's not on the birth certificate (which I am assuming he's not because you want a DNA test)... he has no rights right now as it is. So you can easily move on with your life, and when you get married, then start this procedure.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 29, 2008, 11:01 AM
    Synnen's got the steps, but I would change the order:

    1 File for child support.
    1a Get a lawyer
    You may want to reverse those two as it may help to havle a lawyer apply for support.

    2 get married

    3 petition for adoption

    4 offer to waive support for relinquishment of rights

    5 get all the papers signed
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Mar 1, 2008, 08:36 AM
    Quote Originally Posted by moeberry
    what can I do to get him to sign over his parental rights so my son can be adopted and we can move on with our lives.
    Hello mo:

    The steps outlined above are the ones you need to take, for sure. But, there's no guarantee they'll work. Even though he might give them up, when faced with the finality of his choice, the father may not go along.

    excon

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