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    charity2010's Avatar
    charity2010 Posts: 1, Reputation: 1
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    #1

    Aug 29, 2012, 05:10 PM
    My daughter dad wants to sign his right off on her will I still have full custody
    My daughters dad was never there during the pregnancy he wanted nothing to do with her he has only visited with her twice he contacted my lawyer and said he wanted to sign his rights over but my lawyer said if he signs off then I have to put my daughter up for adoption because in the state of Indiana the child needs a father what do I do seeing my daughter has never had a dad doesn't know her dad he has never tried to bond with her all he has done was make threats to me threatening to kidnap my child and leave state his fiancé sister threatened to kill me what do I do
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 29, 2012, 06:04 PM
    Quote Originally Posted by charity2010 View Post
    my daughters dad was never there during the pregnacy he wanted nothing to do with her he has only visited with her twice he contacted my lawyer and said he wanted to sign his rights over but my lawyer said if he signs off then i have to put my daughter up for adoption because in the state of indiana the child needs a father what do i do seeing my daughter has never had a dad doesnt know her dad he has never tried to bond with her all he has done was make threats to me threatening to kidnap my child and leave state his fiance sister threatend to kill me what do i do

    I would believe the Attorney.

    He has no standing in her life now.

    If he is threatening to leave the State, go to Court and get full custody with no visitation for him.

    If his sister threatens to kill you, go to the Police.

    Unless he has a Court Order he has no rights to even visit with your child.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 29, 2012, 09:04 PM
    Quote Originally Posted by charity2010 View Post
    ... my lawyer said if he signs off then i have to put my daughter up for adoption ...
    I believe that's another way of saying that the father cannot effectively "sign his rights off" unless it's a matter of adoption. But you wouldn't have to give up your daughter; such an adoption could be a step-parent adoption if you are married to a man who wants to assume the responsibility of fatherhood.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 30, 2012, 03:20 AM
    I believe you misunderstood your lawyer. There is this myth that a parent can just sign over their rights. But its only a myth. Only a court can terminate parental rights And courts are very reluctant to do so. Generally they will only do so to clear the way for an adoption. But that usually means a step parent adoption. So if you were to marry and your new husband wants to adopt, then the father will be allowed to relinquish his rights.

    If you can prove the threats then you should be able to get full legal and physical custody and allow him no visitation. You can also get child support .
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 30, 2012, 03:54 AM
    Of course, I have no idea what the OP's Attorney did or didn't say but my best estimate is that the Attorney said a parent cannot "sign off." My feeling - either both parents "sign off" and the child is available for adoption or no one "signs off."

    When all other explanations fail that one usually works.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Aug 30, 2012, 05:02 AM
    Quote Originally Posted by charity2010 View Post
    but my lawyer said if he signs off then i have to put my daughter up for adoption because in the state of indiana the child needs a father
    Hello c:

    I'd find another lawyer... THIS one is bonkers...

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 30, 2012, 06:09 AM
    Quote Originally Posted by excon View Post
    Hello c:

    I'd find another lawyer... THIS one is bonkers...

    excon
    If, in fact, the lawyer actually said that the OP would have to give up her child for adoption, then I would agree.

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