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What are the Rights of a Putative Father

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  • 07-02-2013, 11:40 AM
    AmandaJo0413
    What are the Rights of a Putative Father
    My question involves guardianship in the State of: Missouri

    I had my daughter 9 years ago, and the father of my daughter hasn't been in her life since day one, he's not on the birth certificate, and he doesn't see her or help me in anyway. He txted me telling me he wants to sign his rights away from her. So my question is does he have rights anyways or do we need to go thru the courts to get papers signed and filed to protect my daughter. Somebody please help me! Thanks
  • 07-02-2013, 12:07 PM
    Dogmatique
    Re: asadsggsgf
    Do you have a husband willing to adopt?
  • 07-02-2013, 12:27 PM
    llworking
    Re: What are the Rights of a Putative Father
    Quote:

    Quoting AmandaJo0413
    View Post
    My question involves guardianship in the State of: Missouri

    I had my daughter 9 years ago, and the father of my daughter hasn't been in her life since day one, he's not on the birth certificate, and he doesn't see her or help me in anyway. He txted me telling me he wants to sign his rights away from her. So my question is does he have rights anyways or do we need to go thru the courts to get papers signed and filed to protect my daughter. Somebody please help me! Thanks

    Was paternity ever established? Did you ever establish paternity in order to establish child support? If not, he is not legally her father. Now, either one of you could file to establish his paternity in the future, but at this point, he would have no parental rights to terminate.

    On the other hand, if his paternity was established in order to establish child support, then he does have parental rights to terminate even if he never got himself placed on her birth certificate.

    In that scenario, you would need to have been married for a decent amount of time, and your husband would need to be willing to adopt the child and become her legal father permanently, in order to terminate dad's parental rights. Now, that would mean that your husband would be her father forever. If the two of you get divorced he would have the same rights as any other father.
  • 07-02-2013, 01:24 PM
    Antigone
    Re: What are the Rights of a Putative Father
    Unless he is her legal father, he has no rights to sign away.

    Are you married, is there someone willing to adopt the child? If so, let me ask you this. Suppose your husband adopts your daughter and you divorce down the line, he is going to be willing to pay child support? Are you going to be willing to share custody?
  • 07-02-2013, 02:00 PM
    EA1070a
    Re: What are the Rights of a Putative Father
    Quote:

    Quoting Antigone
    View Post
    Are you married, is there someone willing to adopt the child? If so, let me ask you this. Suppose your husband adopts your daughter and you divorce down the line, he is going to be willing to pay child support? Are you going to be willing to share custody?

    And THIS is the question that parties contemplating a stepparent adoption should always always always think about. Unfortunately, many don't and when the marriage falls apart, the adults get indignant and / or pissed off.
  • 07-02-2013, 02:03 PM
    AmandaJo0413
    Re: What are the Rights of a Putative Father
    The father and I were teenagers when we had our daughter and his parents pulled him away from my daughter and told him that he didn't need to b part of her life. My boyfriend now and I are expecting our first child together and we haven't talked bout the adoption of my daughter. This whole thing with my daughter just came out of the blue because her "father" has another child that he doesn't take care of also and he's scared I'm going to go after him for child support.
  • 07-02-2013, 02:04 PM
    Antigone
    Re: What are the Rights of a Putative Father
    Well, Amanda, at this point it appears he has no rights.
  • 07-02-2013, 02:05 PM
    Dogmatique
    Re: What are the Rights of a Putative Father
    Quote:

    Quoting AmandaJo0413
    View Post
    The father and I were teenagers when we had our daughter and his parents pulled him away from my daughter and told him that he didn't need to b part of her life. My boyfriend now and I are expecting our first child together and we haven't talked bout the adoption of my daughter. This whole thing with my daughter just came out of the blue because her "father" has another child that he doesn't take care of also and he's scared I'm going to go after him for child support.



    So file for child support - the child deserves to be supported by both parents.
  • 07-02-2013, 02:06 PM
    AmandaJo0413
    Re: What are the Rights of a Putative Father
    If my boyfriend now adopts her and it turns for the worst for us. Yes i would let him share custody and he would help me n anyway he can with her, we r expecting our first son together and he is a great father. but i dont see us going the other direction, but we also haven't talked about adoption with my daughter.
  • 07-02-2013, 02:22 PM
    Dogmatique
    Re: What are the Rights of a Putative Father
    Quote:

    Quoting AmandaJo0413
    View Post
    If my boyfriend now adopts her and it turns for the worst for us. Yes i would let him share custody and he would help me n anyway he can with her, we r expecting our first son together and he is a great father. but i dont see us going the other direction, but we also haven't talked about adoption with my daughter.



    At this stage, I don't think adoption is a good idea. You're about to have another child, you're not married, and the courts want to see stability.

    Another question would be, are you prepared (if you do eventually go ahead with a stepparent adoption) with HIM having custody and YOU paying child support?
  • 07-02-2013, 02:39 PM
    AmandaJo0413
    Re: What are the Rights of a Putative Father
    If it came down to that yes i would, cuz its the right thing to do. But I don't see my boyfriend doing that to me and we talked bout it all and we r just focused on our son right now then adopting my daughter.
  • 07-02-2013, 04:20 PM
    EA1070a
    Re: What are the Rights of a Putative Father
    Quote:

    Quoting AmandaJo0413
    View Post
    If it came down to that yes i would, cuz its the right thing to do. But I don't see my boyfriend doing that to me and we talked bout it all and we r just focused on our son right now then adopting my daughter.

    Yeah, nobody ever sees their current partner doing that to them. Until it does.
  • 07-02-2013, 04:21 PM
    Dogmatique
    Re: What are the Rights of a Putative Father
    Quote:

    Quoting EA1070a
    View Post
    Yeah, nobody ever sees their current partner doing that to them. Until it does.


    And unfortunately, we see it SO often.
  • 07-02-2013, 04:28 PM
    llworking
    Re: What are the Rights of a Putative Father
    Quote:

    Quoting AmandaJo0413
    View Post
    If it came down to that yes i would, cuz its the right thing to do. But I don't see my boyfriend doing that to me and we talked bout it all and we r just focused on our son right now then adopting my daughter.

    I agree with the other responses you received, but bottom line...dad's rights won't be terminated and your boyfriend/fiancé cannot adopt unless you have been married for long enough that the judge would consider the marriage to be stable.
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