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

    Jul 5, 2010, 11:20 AM
    Yet another deadbeat question...
    I am a mother of a beautiful 2year old daughter. She changed my life and me. He father on the other hand doesn't have this perception of her and has only seen twice, for about 15 min tops in her life. He doesn't show any interest in her, and on top of that he has some serious drug problems. I know most people will question me with "Why would you ever sleep with a man llike this?" Well we all have our faults, and I wouldn't have my daughter if I didn't. Now I am trying to figure out how to get him to sign off all his rights. I am facing some health problems right now and my only fear is that god forbid something happen to me, he would have rights to her. And quite frankly she doesn't deserve to go through all that. If anyone can help I would greatly appreciate it. Oh, and we all reside in NY
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 5, 2010, 01:01 PM
    Decide who should raise her if something were to happen to you. Talk to them and confirm that they would be willing to take her. Nominate them as guardians in your will.

    As far as the child's father is concerned, what makes you think he would be interested in his daughter should you die? He hasn't been thus far, right?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #3

    Jul 5, 2010, 02:54 PM
    Quote Originally Posted by MOMStudentCook View Post
    I am a mother of a beautiful 2year old daughter. She changed my life and me. He father on the other hand doesn't have this perception of her and has only seen twice, for about 15 min tops in her life. He doesn't show any interest in her, and on top of that he has some serious drug problems. I know most people will question me with "Why would you ever sleep with a man llike this?" Well we all have our faults, and i wouldn't have my daughter if I didn't. Now I am trying to figure out how to get him to sign off all his rights. I am facing some health problems right now and my only fear is that god forbid something happen to me, he would have rights to her. And quite frankly she doesn't deserve to go through all that. If anyone can help I would greatly appreciate it. Oh, and we all reside in NY
    You can't just take his rights away. Only if there is someone in the wings to adopt. Also to address you question from its title he isn't a deadbeat dad either. You knew what you were getting into when you decided to have a child with him. Is there support orders and custody orders in place now?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 5, 2010, 04:26 PM

    There is a sticky note at the top of this forum that deals with relinquishing rights. He can't sign over his rights and you stand a very small chance of forcing it. The only possibility is if his drug use can represent a danger to the child.

    Also, you can assign someone as guardian in your will, but if the bio father chooses to take custody, that will probably overrule your will.

    I would definitely recommend consulting a family law attorney to deal with these issues.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jul 5, 2010, 04:41 PM

    Agree with the others, he can not just sign over his rights, sorry,
    Be sure for now of course that you have court ordered custody and a child support order.

    Arrange for a guardian in case of your death
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