How Do I Terminate the Rights of Biological Father Before Child is Born
My question involves paternity law for the State of: California
I am having a baby in three short months. This is a very high risk pregnancy and there is the possibility I
will not survive childbirth. I need to make sure the biological father does not have any rights whatsoever if I die (or live). I am making my child my sole beneficiary and my sister the legal guardian. My sister is successful responsible the whole nine yards. The father is a drug addict gas station attendant. Or maybe a dishwasher by now. I want to make sure he was no access to my child and need to know what needs to happen to make it so. I would like to take care of this ASAP. Is there someway he can sign away his right or can I file a motion to terminate his right with the courts since hes a loser!! (Yes I picked a winner) I would like to this before the birth so I don't leave the burden of fighting for custody to my sister. Any help would be appreciated.
Re: How Do I Terminate the Rights of Biological Father Before Child is Born
the father will have the rights you wish to remove .. plus its a moot point until the child is born.
Re: How Do I Terminate the Rights of Biological Father Before Child is Born
No, this is not possible.
If anything should happen to you, Dad can file to establish paternity and he will be first in line for custody.
Re: How Do I Terminate the Rights of Biological Father Before Child is Born
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Dogmatique
No, this is not possible.
If anything should happen to you, Dad can file to establish paternity and he will be first in line for custody.
I agree. However, that doesn't mean that you cannot name your sister as the trustee for your child's inheritance. See an attorney who specializes in estate planning to set up a trust and name your sister as the trustee.
Re: How Do I Terminate the Rights of Biological Father Before Child is Born
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Quoting
choopi
My question involves paternity law for the State of: California
I am having a baby in three short months. This is a very high risk pregnancy and there is the possibility I
will not survive childbirth. I need to make sure the biological father does not have any rights whatsoever if I die (or live). I am making my child my sole beneficiary and my sister the legal guardian. My sister is successful responsible the whole nine yards. The father is a drug addict gas station attendant. Or maybe a dishwasher by now. I want to make sure he was no access to my child and need to know what needs to happen to make it so. I would like to take care of this ASAP. Is there someway he can sign away his right or can I file a motion to terminate his right with the courts since hes a loser!! (Yes I picked a winner) I would like to this before the birth so I don't leave the burden of fighting for custody to my sister. Any help would be appreciated.
well, you have some serious problems on your hands. while you want to argue it is your child, you are refusing to acknowledge it is also HIS child. The rights of the mother do not outweigh the rights of the father (once it is determined he is the father). You both have equal rights to your (as in the two of you) child.
IF the bio father chooses to establish paternity, he will gain custody of the child simply due to the fact it is also his child. Your sister would have to be the one fighting for anything and to prevail, she would have to prove the father unfit (as the court defines unfit) and then seek to be appointed guardian.