 |
|
| Browse | Ask | Answer | Search | Join/Login |
|
|
||||
|
My son's Biological father left. (iowa)
My sons bio dad left three years ago. He sighned the birth certificate at the hospital and for the first 8 months everything was fine, until his mental illness got control of him. He then proceeded to tell me he wasn't the father, and on April 1 2012 he left and never turned back. There has been no contact between him and my son since that date (April 1 2012) and I am wondering if he has any rights to my son, since he is on the birth certificate. My main reason for wanting to find out is because my husband wants to adopt my son and make him legally his. Please help. I don't want child support or anything from the bio dad, I just want my son to have the same last name as his daddy (my husband) and have a sense of security.
Thank you. -Ashley |
||||
|
||||
|
Yes, in most states, each parent shown on the birth certificate has the same right to custody of the child as does the other parent.
But that is a different issue than whether your husband can adopt the child. In most jurisdictions, the biological father must be given notice of a petition for adoption. If he objects, however, it may be possible to waive any consent requirement. You and your husband should consult an attorney in your state. |
||||
|
||||
|
A man has the legal rights of a father until a court takes them away.
But as AK says, the question of whether your husband can adopt is different. I would recommend that you consult an attorney about the adoption. The attorney would tell you what you need to do with respect to informing the father about the adoption. Unless the bio father objects and can prove adoption is not in the child's best interests, the court is likely to grant the adoption. |
||||
|
||||
|
The bio father, on or not on the birth certificate has specific legal rights.
Since he is on the birth certificate he is already considered the legal father. So your attorney for the adoption will have to contact the bio father and get him to sign his rights over, to allow the adoption. This is one of those, you needed to be getting the child support, since that would help induce him to sign to allow adoption, At this point, there is no real reason he has to care about signing, Also he can come and file in court for visitation at any time in the future. Your attorney may be able to get the adoption though, without him signing, but it is harder and will cost more money |
||||
| Question Tools | Search this Question |
Add your answer here.
Check out some similar questions!
We have joint custody of our 14 year old son, and back in 2011, biofather changed sons last name without biomothers permission. Is there anything that I can do about this matter?
I got pregnant about 5 years ago - I basically ended a relationship and started a new one with someone else so when I found out I was pregnant, I was never sure who's child it was. But I made the decision to marry this guy and we decided not to do a paternity test and to raise him under the...
Hi,I just found out that I am the biological father of my 2 yr. old son through DNA testing.my son's legal father right now is his mother's ex live in partner.he just found out too that he's not the real father of my son.my son and the mom and the legal father is in New Jersey right now and I just...
We've been together for almost 4 years and we live in a rented house. He just left with his sister and did not say where he was going. He didn't leave me any money, food pluse our son was sick and needed to go to the doctor. I know where he is at but his family won't let me talk to him.
View more questions Search
|
