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needinhelp24 · Jul 6, 2012, 04:52 AM

I was pregnant with my daughter when I married my husband, he knew that I was pregnant at the time and he knew that she was not biologically his, so we married and I had her after we married. He signed her birth certificate and he ended up filing for a divorce when she was one and a half. He has not seen her or even spoken to her (his choice) in about 3 years. She is on medicaid and the state provides her daycare, he has paid child support. He has asked me about signing his rights over. We live in Wisconsin. He since has had 2 more children, which are his biologically, and abandoned one of them also. My question is, In Wisconsin, how can I go about legally terminating his rights , we both want this, and he willingly admits to not wanting to have anything to do with my daughter. He is on the birth certificate but not her biological father, however when he signed he assumed the role as father. He is compliant with child support, but I receive state aid. We have been separated now for about 3 and a half years and legally divorced for a year.

Fr_Chuck · Jul 6, 2012, 04:59 AM

Not really that easy, ** first side note, the state is not really the one who pays for her day care and most likely medical costs since the child is on medicaid, your neighbors, and other people living in the state who pay taxes are paying for her care.

He could challenge this and/or you could challenge it and name the real bio father and ask for a DNA test of him. The state, esp since you are on welfare will want a father named. The state will want to go after the real father.

needinhelp24 · Jul 6, 2012, 05:06 AM

Originally Posted by Fr_Chuck

Not really that easy, ** first side note, the state is not really the one who pays for her day care and most likely medical costs since the child is on medicaid, your neighbors, and other people living in the state who pay taxes are paying for her care.

He could challege this and/or you could challenge it and name the real bio father and ask for a DNA test of him. The state, esp since you are on welfare will want a father named. The state will want to go after the real father.

Fair answer, if I were to marry in the future could my husband adopt her if the ex has still been absent (other then paying support)? My ex and I have shared custody, if anything were ever to happen to me before she turned 18 how do I ensure she don't go to him?

ScottGem · Jul 6, 2012, 05:13 AM

This should answer your questions:

https://www.askmehelpdesk.com/family...st-116098.html

As noted, he can't voluntarily give up his rights nor can you terminate them. However, if the bio father can be found and paternity challenged, his rights might be terminated that way. I did not check WI law on the possibility of challenging paternity in those circumstances.