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  1. #1
    Join Date
    Sep 2012
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    Default How Can a Father Lose His Rights

    My question involves a child custody case from the State of: Texas

    My friend is currently goin through a divorce with the man who is not the "paternal " father of her son but has been there since he was born. He refuses to pay child support unless she contacts the boys paternal "sperm donor" (who doesnt know he has a son) and gets all rights signed over. The problem is that the real dad is a complete piece of crap and is constantly in and out of jail but if he knew about the boy then his family would make him fight for some custody even though he would never be around. Is there any way to avoid this and still have the man he calls dad still pay child support?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How Can a Father Lose His Rights

    How do you propose that the child's father is going to "sign over" parental rights within the context of a divorce? He can voluntarily surrender his rights within the context of stepparent adoption, but quite obviously that's not going to be happening.

    How is it that the biological father is on the birth certificate, but is unaware that he has a child?

  3. #3
    Join Date
    Oct 2006
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    6,163

    Default Re: How Can a Father Lose His Rights

    Quote Quoting jpw_07
    View Post
    My question involves a child custody case from the State of: Texas

    My friend is currently goin through a divorce with the man who is not the "paternal " father of her son but has been there since he was born. He refuses to pay child support unless she contacts the boys paternal "sperm donor" (who doesnt know he has a son) and gets all rights signed over. The problem is that the real dad is a complete piece of crap and is constantly in and out of jail but if he knew about the boy then his family would make him fight for some custody even though he would never be around. Is there any way to avoid this and still have the man he calls dad still pay child support?
    Was the soon to be ex husand married to the child's mother when the child was born? Is the stbx listed on the birth certificate as the father? If not, the only way he could be legally dad would be if he could adopt the child. Since he is divorcing the child's mother, a stepparent adoption will not be possible, and any other kind of adoption would make the mother no longer the child's mother.

    To be honest, I don't think there is any hope here of her husband becoming the legal father at this point.

  4. #4
    Join Date
    Sep 2012
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    4

    Default Re: How Can a Father Lose His Rights

    The biological father is not on the birth Certificate the "dad" is but there is a paternity test proving he is not the biological father. And the biological dad knows just at the time didn't care because the mother left him. It was one of those if you leave me alone I'll leave you alone kind of things but if he gets dragged into he will make it as difficult as possible to punish the mother.

    - - - Updated - - -

    No they were not married yet. The dad is on the birth certificate but he did not sign it just because he missed the lady before she left the hospital. Well so if he doesnt adopt him but pays and has parental custody and the mother treats him as tho he is the father. If the biological dad one day decides I want to have something to do with my son. How likely is it for the bio dad to over rule the "dad"? Will he start getting rights cause he is the bio dad?

  5. #5
    Join Date
    Apr 2009
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    27,551

    Default Re: How Can a Father Lose His Rights

    It's entirely possible for the biological father to come into the game and petition the court to establish paternity.

    Mom needs to stop playing musical daddies.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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