What can I do?

[KeramieBrown]

My son is 7 mths old and his biological father has never seen him or done anything in anyway to help me. His name is not on my sons birth certificate. I believe that his dad may be trying to find us now, but I don't want him to be a part of my sons life anymore, b/c I did give him a chance and he would never take it. I am now engaged to a wonderful man who is in everway my sons dad. Would I have to take my sons biological father to court if his name is not on the birth certificate, or could I just get my fiance to adopt him without the guys consent?? If I can't do that, what will I have to do to make everything legal?

 

[Duranie]

first of all, you chose this guy to be the father of your child. He does have rights, like it or not. Unless rights are terminated he can pursue paternity and visitation. If you want your fiancee to adopt then you must notify the bio dad anyways and get his permission.

You will have to marry your husband first, then see an adoption attorney to start the process.

Adoption and termination of rights is a very serious issue that cannot be reversed and it will need to be done right and proven to be in the childs best interest.

7 months is really not that long of time. It sounds like you are hiding from him, so you have made hard for that guy to be a part of the child's life anyways.

You might as well stop hiding, because in order to termimate rights, you must have his consent. Until paternity is established, he has no rights to the child anyways, since you were not married to him.

 

[KeramieBrown]

My son is 7 mths old and his biological father has never seen him or done anything in anyway to help me. His name is not on my sons birth certificate. I believe that his dad may be trying to find us now, but I don't want him to be a part of my sons life anymore, b/c I did give him a chance and he would never take it. I am now engaged to a wonderful man who is in everway my sons dad. Would I have to take my sons biological father to court if his name is not on the birth certificate, or could I just get my fiance to adopt him without the guys consent?? If I can't do that, what will I have to do to make everything legal?

For the record, his dad does know where I am, knew when I had the baby, I never tried shutting him out, he shut himself out, but after 7 mths, he now is trying to contact me, not find me, but contact me. He had his chance, why should I give him one now that I have done this almost by myself this long, I don't care if it has been 7 mths or 7 years! But just for the record, I am not hiding.

 

[Duranie]

Well in order to termimate rights, the courts must have his permission, otherwise the adoption would be done fraudulently and would likely be reversed if the bio dad disputed it.

So if you want to terminate, do it the right way. Otherwise if he disappears and never contacts you than I guess you have nothing to worry about, but nothing could be done legally for an adoption.

 

[legomyego]

Couldn't she say she doesn't know who the father is? He is not on the birth certificate so legally he isn't the father til that is determined/established.