Parental Rights of Absent Parent

[wils0n369]

Jurisdiction

Other

I am looking for additional information on Child Adoption Rights or Parental Rights of an Absent Parent in VA and/or CA. My daughter (19 months old) was conceived in CA and the father left the picture after the second month, when he requested that I have an abortion or never have contact with him again. I moved to VA one month after my daughter was born.

• The father is not listed on the birth certificate or any other documentation.
• He and I were never married or living together.
• The father has made no attempt to contact me since the two months after conception. He has had my contact number, email, and social network contacts since before the conception, through today.
• I have not sent Parental Rights Termination papers or a request for Child Support to the father. I have made no contact with him since the two months after conception.

I am currently engaged and my partner would like to adopt my child once we are married. I would like to know if the "father" of my child has any rights to her at this point. I have been told he does not, due to Abandonment laws.

My questions:
Is my partner able to simply adopt my child, without any request being made or paperwork being sent to the father?
Would the father have legal rights somewhere down the line, if he decided he wanted to be part of my daughter's life?
Is there anything I have to do to protect my partner and I's rights to my child, from the father?

Thank you!

 

[Fallen]

Where child was conceived isn't relevant.

Told by whom, as to what "Abandonment" laws? Child's father, because you weren't married, isn't in a position to assert rights unless and until he establishes paternity.

If you're prepared to lie under penalty of perjury that you don't know who the father is (in essence, that you slept with one or more men at/around time of conception whose identity(ies) are unknown to you), I suppose you could get away with an adoption after marriage. But if father comes out of woodwork later, you can expect trouble.

What is it that you plan to tell the daughter when she (eventually, even if years down road) asks for information about her father? Just one of many things to ponder..

 

[wils0n369]

A few people had brought up the abandonment laws, but none of them had a legal background, hence my asking here.

I have no intention of lying in regards to how my child was conceived, nor the actions that have brought me to this point. Please feel free to read my statement and questions again, if you are unclear as to my intentions.

I also have no intention of keeping the details surrounding my daughter's conception from her. She will know that her Dad is not her biological father and if/when she would like to reach out to him, I plan on letting her do so.

 

[Fallen]

I might've replied with a simple "Yes" (to all) without elaboration, but that wouldn't really cut it for me, esp. with the primary/overriding question. I'm not clear how a stranger would know what you are or are not willing to do, and this stranger has no vested interest in your answer either way. You essentially asked if a way exists to accomplish an adoption without your daughter's father being notified so that he doesn't seek to establish paternity or any parental rights.

Sorry about the (now corrected) typo (identifies).

 

[wils0n369]

Correct, seeing as to how you could not know me, you should not have assumed my intentions were malicious. If you do not have useful information provide to my questions, please move on. Thanks

 

[army judge]

Is my partner able to simply adopt my child, without any request being made or paperwork being sent to the father?

You need to discuss the entire adoption process with an attorney.
Most people consult three, initially.
The initial consultation is normally offered at no charge.
It's a great way to ask questions, receive feedback, and learn about the process, in VA, for example.

If you begin the process of adoption, you'll be asked dozens of questions.
One of those questions will be, "Who do you think the father could be?"

Attempts will be made to contact the potential father or fathers.

Would the father have legal rights somewhere down the line, if he decided he wanted to be part of my daughter's life?
Is there anything I have to do to protect my partner and I's rights to my child, from the father?

Any unmarried male, alleged to have sired a child, must go to court, establish paternity (via DNA testing), seek visitation, contest custody (if he wishes), and settle child support matters.

Until and unless, paternity is established, ALL parental rights are vested in the birth mother.

Your "partner" has no parental rights to your child.
Even if your "partner" became your spouse, parental rights remain with you, potentially the male, if and when paternity has been established.

No, you can't protect your parental rights from the putative, or from the potential father establishing his.

Finally, parental rights can't be signed away,as one signs away ownership to a car after selling same.

If the male wanted to voluntarily relinquish any prospective or achieved a rental rights, that won't happen, either. He will still be n the hook for child support. The state (every state) remains firm in that regard, because 50% of partners and spouses become FORMER PARTNERS & FORMER SPOUSES.

 

[Fallen]

Please explain with specificity what I said to indicate that " assumed [your] intentions were [to do harm]"; to the contrary, I interpreted your post and questions as indicating an intent to avoid harm of some kind. I'm not sure whether you've objectively considered the possibility you're viewing remarks through a foggy (understandably) emotional lens. You asked about whether a way existed to avoid the biological father having to be notified about an adoption petition, did you not?

Even if you do not find the information useful, someone else may.

 

[army judge]

Please, all be civil.
Fallen, you've apologized to Wilson.
Please, let's all just let this go.
You're both decent people, mistakes were made, apologies given, great.

 

[Fallen]

Please, all be civil.
Fallen, you've apologized to Wilson.
Please, let's all just let this go.
You're both decent people, mistakes were made, apologies given, great.

Uhm, not sure if this kind of thing is a standard operating procedure, but it's very weird that you're injecting yourself into the mix under these circumstances. (Never mind that you've no idea whether we're "both decent people", etc., but there was also no apology.

 

[army judge]

Uhm, not sure if this kind of thing is a standard operating procedure, but it's very weird that you're injecting yourself into the mix under these circumstances. (Never mind that you've no idea whether we're "both decent people", etc., but there was also no apology.

I assume EVERYONE is a decent person, until I've been shown otherwise.

I inject myself into every situation on this forum as one its "mods".

Now, I suggest you simply let it go, and play nice.

Thanks again for your civility, and obedience to our very simple rules.

 

[ElleMD]

If you know who the father is, you will need to notify him before your husband is allowed to adopt the child. Sounds like he doesn't even know there is a child, just that you had a pregnancy you may or may not have continued two years ago, and as far as he knows, he may or may not have been the father. Once properly notified, if he fails to respond, then the adoption can take place.