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SOS1 · Jul 10, 2012, 08:19 AM

My 1yr old's dad is "unknown"; however, my husband has been there since before his birth even. My 6yr old's father wants visitation; however, currently has none. I petitioned for him to lose rights since my attorney said we qualified. He's never paid a dollar of support for our son. Discovered his own step son was removed from their custody after an alleged shaking of the 3yr

JudyKayTee · Jul 10, 2012, 08:37 AM

Your husband would need to file adoption papers for each child according to your State law. The approval of the birth fathers is necessary. If the father loses rights PERMANENTLY you do not need his signature.

Support does not matter.

You will be asked to sign an Affidavit that he father is, in fact, "unknown," and that you are not simply trying to keep him from being involved. If you are trying to keep him out of the child's life and he finds out, asks for DNA, the adoption could be overturned - at least in NY.

The name on the birth certificate and ID'ing the father in an adoption proceeding are two different matters.

ScottGem · Jul 10, 2012, 10:35 AM

ANY question on law needs to include your general locale as laws vary by area.

I question your attorney's saying you qualified. In my experience courts will not issue a TPR except to clear the way fro adoption. Unless you can show the father is a danger to the child I'm not sure how he would qualify for a TPR especially if he wants visitation.

As for the 1 Yr old. Unless you were raped you should have an idea of who the father is. The potential fathers will need to be identified and paternity testing done to get their agreement to the adoption.

AK lawyer · Jul 10, 2012, 10:44 AM

Originally Posted by ScottGem

,,, Unless you were raped you should have an idea of who the father is. ...

Either that, or she just forgot to ask his name.

Caught up in the enthusiasm of the moment?

And it was too dark to see what he looked like?
:)

JudyKayTee · Jul 10, 2012, 10:57 AM

Originally Posted by AK lawyer

Either that, or she just forgot to ask his name.

Caught up in the enthusiasm of the moment?

And it was too dark to see what he looked like?
:)

A lot of people involved in these hit and run accidents forget to get ID'ing info until it's too late.

That is what we're talking about, right, hit and run?