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court10 · May 28, 2009, 11:00 AM

[F]I am in TX and I have a 1 1/2 son and his biological father is not and has never been involved, we were never married... I will be married soon and I was curious when does the law state that rights are relinquished? My fiance' wants to adopt my son so I didnt know if the biological fathers rights are automatically relinquished after a certain time of non-child support payment and not seeing him or does he have to sign his rights away? he has never paid child support and has not seen him since he was born.... I want to make this as smooth as possible, I know this situation is tough, but we are all so happy and just want to put the past behind us and move on with our lives!

JudyKayTee · May 28, 2009, 11:30 AM

His rights NEVER automatically end. You need the father to sign permission for the child to be adopted by someone else.

Have you attempted to get child support from your child's father through the Courts?

cdad · May 28, 2009, 12:28 PM

Have you been to court for child support ?

Fr_Chuck · May 28, 2009, 01:37 PM

Yes,

1. is there a child custody order in place
2. is there a child support order in place
3 is the fathers name on the birth certificate

* if there is not child support order in place, he does not owe any and is not behind.

But in a nut shell, paternity has to be proved if it is not, he has to sign over his rights to allow the adoption.

court10 · May 29, 2009, 08:40 AM

Originally Posted by JudyKayTee

His rights NEVER automatically end. You need the father to sign permission for the child to be adopted by someone else.

Have you attempted to get child support from your child's father through the Courts?

I don't want anything from the father, he is an unfit father and is very unstable... He was (probably still is) emotionally abusive and an alcoholic. I do not speak to him and he never contacts me.

court10 · May 29, 2009, 08:42 AM

Originally Posted by califdadof3

Have you been to court for child support ?

No I never went to court because I don't want anything from him other than to just let us move on with our lives. He is an alcoholic and is very unstable and an unfit father! It is not healthy for a child to be around him so that is why I do not want him around.

court10 · May 29, 2009, 08:57 AM

Originally Posted by Fr_Chuck

yes,

1. is there a child custody order in place
2. is there a child support order in place
3 is the fathers name on the birth certificate

* if there is not child support order in place, he does not owe any and is not behind.

But in a nut shell, paternity has to be proved if it is not, he has to sign over his rights to allow the adoption.

1. no
2. no
3. yes

He has not shown any interest in the child and unstable and an unfit father! He is an alcoholic and emotionally abusive... I don't want anything from him

JudyKayTee · May 29, 2009, 11:34 AM

Originally Posted by court10

1. no
2. no
3. yes

he has not shown any interest in the child and unstable and an unfit father! he is an alcoholic and emotionally abusive.... I dont want anything from him

You won't get anything from him but your child is entitled to financial support from BOTH parents. If you don't want/need the money, put it in the bank for your child's education.

Go to Court and prove he's unfit and a danger to the child.

Was he unfit, alcoholic, unstable and abusive when you were in a relationship with him?

Fr_Chuck · May 29, 2009, 11:48 AM

Good he is on the birth certificate so you don't have to prove he is the father.

Just get him to sign over the rights, if he says no, tell him you will come after child support ( often if he is having to pay he will sign to stop payment