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  1. #1

    Default Avoiding Parental Rights to the Biological Father in South Carolina

    My daughter was born in 2005 and she is now 17 months old. Her biological father was in jail when she was born and has never seen her. I talked to him once after he got out and he said she wasnt his. Then I talked to him again when he wasnt trying to get back with me...and we argued and finally he said if he couldnt have me then he didnt want nothing to do with either of us because he wasnt going to deal with my bf being in our lives! So...its been almost over a year since i have heard anything. And my question is...I dont know if I ever put his name on the birth certificate papers....but I know that he didnt sign them....I may still have put his name on them though..i cant remeber. But I want my fiancee to adopt her but I am scared he will fight for his rights when I take him to court just to be an ass! He beat me in the past and has 2 other children that he hasnt raised and does drugs..I dont want him around my daughter...for no reason. I am scared he will fight me and they will give him his rights if he goes through rehabilitation etc. What I want to know is if he didnt sign the birthcertificate then can I just say james is the father and put him on the birth certificate? And...if not..how can I go about getting her adopted by him without taking the biological father to court. Someone said something about posting it in 2 news papers around his hometown...and if he didnt respond in 90 days..it was lagit? I need some adivce?

  2. #2
    Join Date
    Jul 2006
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    TN
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    Default Re: Avoiding Parental Rights to the Biological Father in South Carolina

    No, you cannot just put your fiance's name on the birth certificate, you would be committing fraud if you did.

    The information you recieved is not legit. You will not be able to his rights terminated by putting it in the paper. At this point he has no legal rights or obligation to the child as he is legally not the child's father.

    You must first legally establish paternity. File with the court for a paternity test.

    The court isn't going to let your fiance adopt the child though. Depending on your state's guidelines you will have to have been married for a certain amount of time.

    Once you have been married that specific amount of time, if the child's father is willing to terminate his parental rights your then husband may be able to adopt the child. If the child's father is not willing to have his rights terminated, then you must prove to the court that it would be in the child's best interest to do so.

  3. #3

    Default Re: Avoiding Parental Rights to the Biological Father in South Carolina

    Quote Quoting Neal1421
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    No, you cannot just put your fiance's name on the birth certificate, you would be committing fraud if you did.

    The information you recieved is not legit. You will not be able to his rights terminated by putting it in the paper. At this point he has no legal rights or obligation to the child as he is legally not the child's father.

    You must first legally establish paternity. File with the court for a paternity test.

    The court isn't going to let your fiance adopt the child though. Depending on your state's guidelines you will have to have been married for a certain amount of time.

    Once you have been married that specific amount of time, if the child's father is willing to terminate his parental rights your then husband may be able to adopt the child. If the child's father is not willing to have his rights terminated, then you must prove to the court that it would be in the child's best interest to do so.

    The person that let me know about the newspaper said that I can post that I want her adopted by my fiancee (we will be married when this happens) and I have to post it in 3 newspapers in his hometown and if he doesnt respond in 90 days then that is legally giving his rights up. Her lawyer had told her about this and she says that that is what she done with her children and her husband now. I do not want to take him to court because I do not want him to have nothing at all to do with her. I want my fiancee to have the legal rights to her if I pass away...but I am scared he will fight for his rights just to be an ass. He is very controlling and manipulative....he was and had been running from the law for over a year when he got locked up...I did not know about it until it was too late. He beat me constantly and helped a friend of his make crystal meth. I want his rights taken...but I am scared that they will give him certain guidelines to obide by and give him the chance to straighten up. He is not her father, he never has been and never will be...and I refuse to let him have anything to do with her. Any smart woman would keep her child away from a person such as him. The lady that told me about the newspaper things said her lawyer informed her of that and she used it....does anyone know of this? They say you can also do deaths like that. Runs something in the paper and if that person doesnt respond they are concidered legally deceased! I dont know all the in's and out's or and's and but's but that is what I am trying to find out!

  4. #4
    Join Date
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    Location
    TN
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    Default Re: Avoiding Parental Rights to the Biological Father in South Carolina

    Quote Quoting phattygrul862001
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    The person that let me know about the newspaper said that I can post that I want her adopted by my fiancee (we will be married when this happens) and I have to post it in 3 newspapers in his hometown and if he doesnt respond in 90 days then that is legally giving his rights up.

    If paternity has not been established, he has no rights to give up.

    Her lawyer had told her about this and she says that that is what she done with her children and her husband now. I do not want to take him to court because I do not want him to have nothing at all to do with her.

    You will have to go through the court, there is nothing you can do about that.

    I want my fiancee to have the legal rights to her if I pass away...but I am scared he will fight for his rights just to be an ass. He is very controlling and manipulative....he was and had been running from the law for over a year when he got locked up...I did not know about it until it was too late. He beat me constantly and helped a friend of his make crystal meth. I want his rights taken...but I am scared that they will give him certain guidelines to obide by and give him the chance to straighten up. He is not her father, he never has been and never will be...and I refuse to let him have anything to do with her.

    If he wants to be a father to the child and he establishes paternity, then there is nothing you can do about it. It will be up to the court to decide.

    Any smart woman would keep her child away from a person such as him. The lady that told me about the newspaper things said her lawyer informed her of that and she used it....does anyone know of this? They say you can also do deaths like that. Runs something in the paper and if that person doesnt respond they are concidered legally deceased!
    I dont know all the in's and out's or and's and but's but that is what I am trying to find out!
    He is not legally the child's father if no paternity test has been done and he has not signed the Acknowledgement of Paternity. Therefore, he has no rights that can be taken away from him in regards to the child.

    Your fiance cannot legally adopt the child without paternity being established and then the father's rights being terminated.

    You will have to go through the court.

  5. #5
    Join Date
    Feb 2008
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    17

    Default Re: Avoiding Parental Rights to the Biological Father in South Carolina

    I am the married husband of wife who is pregnant with what maybe someone elses child. If it is and I go to Michigan where aledgedly the other man has no rights to the baby (even though he may be the bio father) and have the baby, does the law apply even though I live in another state and my wife have the baby in Michigan? Or do I have to actually move to Michigan?

    We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.

  6. #6
    Join Date
    Jul 2006
    Location
    TN
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    Default Re: Avoiding Parental Rights to the Biological Father in South Carolina

    Quote Quoting Robert44
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    I am the married husband of wife who is pregnant with what maybe someone elses child. If it is and I go to Michigan where aledgedly the other man has no rights to the baby (even though he may be the bio father) and have the baby, does the law apply even though I live in another state and my wife have the baby in Michigan? Or do I have to actually move to Michigan?

    We are reconciling and we do not want the other man to have any right to the baby or any way to mess up our lives and the lives of our other 3 kids we jointly have already. What can we legally do? Thank you.
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