Relinquishing Parental Rights

[slkirby]

My daughter is 17 months old. Her father was not a part of her life until 4 months ago. And when he did start coming around the time he spent with his daughter was infrequent at best. He has not made any attempt to pay any child support in all this time either. He is not listed on her birth certificate either.

My fiance wants to adopt my duaghter. he is the active father figure in her life and wants us all to be a family. I agree with him. I am aware that her biological father has no rights since he is not listed on the birth certificate, but in order to go through with the adoption wouldn't he have to sign something???? Someone told me that My fiance can just go put his name on the birth certificate and be listed as her father (since no father is currently listed), but I really don't think it is that simple.

If this was something that ended up having to go to court it could get ugly. Because even though he does nothing to be a part of my duaghters life, he has said that he would never let anyone take her away from him. But that was when he first got involved in her life. Lately he seems to be completely detached from being her father. Like the novelty of being a father has worn off and now he needs something new to interest him. He is in no way committed to being her father.

What can I possibily do to expedite the adoption and what if anything do I need to get him to sign? Or will this have to be done in court??

 

[Duranie]

First of all you cannot do anything until you and your fiancee are married. Some courts require you to be marrid 1 or 2 years before this can happen.

A birth cert. is proof of a birth, not who is father. He probably would not be able to be added to the cert. without a DNA test since an acknowledgement of paternity was not signed. Also listing him as the father when you know he is not is fraud.

Terminating rights is not a do it yourself project. You likely will need an attorney. Afte ryou are married you can see one but if the bio dad does not voluntarily do it, you will have big problesms. Only if there is no parent-child relationship at all, and he does not come around nor pays CS will a judge terminate his rights.

If he wants involvlement there is not much you can do. You cannot take his fatherhood away from him.

If he wants to see the child, file for CS and make sure he pays it.