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    dani1988's Avatar
    dani1988 Posts: 1, Reputation: 1
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    #1

    Feb 15, 2011, 05:26 PM
    My son is 7 his father has never seen him does he still have rights
    My son is 7 he I am trying to figure out if I have to fight for my husband to be able to adopt him sense he has been around sense my son was 1. my sons bialogical father has not been around has not tried to come around has not paid child support he also would not sign the birth certificate does he still have paternal rights to my son?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 15, 2011, 05:41 PM

    Yes, he has rights because he is the father. In order for your hsuband to adopt the child the father has to relinquish HIS rights.

    Did you ever attempt to collect child support from the father? If not, why? He wasn't ordered to pay, he's not on the birth certificate, he didn't pay. I see the failure to pay support to be as much your fault as it is/was his - your son is entitled to financial support from BOTH parents.

    If the father doesn't care one way or the other get in contact with him and ask him to consent. If you can't find him the Court will find him for you.
    katiekatlyn's Avatar
    katiekatlyn Posts: 13, Reputation: 2
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    #3

    Feb 15, 2011, 05:43 PM
    Have you tried calling any Free legal lines?
    I am not an expert, but my experience is with my daughter, her Dad hadn't seen her for years, or paid 1 cent in support ever. We wanted to change her last name from my maiden name to my new husbands last name legally, and I STILL had to get the biological Father to sign that it was okay.

    Best of luck
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 15, 2011, 05:51 PM

    The bio father always has rights. He just needs to enforce them. A court will not allow your husband to adopt without the bio father's consent or, at least, a good faith effort to get it.

    You need an attorney to prepare the adoption petition. So get one who can advise you on how to proceed.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 16, 2011, 06:25 AM
    Quote Originally Posted by katiekatlyn View Post
    Have you tried calling any Free legal lines?
    I am not an expert, but my experience is with my daughter, her Dad hadnt seen her for years, or paid 1 cent in support ever. We wanted to change her last name from my maiden name to my new husbands last name legally, and I STILL had to get the biological Father to sign that it was okay.

    Best of luck

    Changing a name and adoption are two very different things. The name change also varies (somewhat) by State.
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