Can a Father Who Doesn't Want to Parent or Pay Support Give Up His Parental Rights
My question involves a child custody case from the State of: Ohio
My child's father has expressed a desire to not be involved in her life in any way. He is on the birth certificate. How do we go about taking her off of the birth certificate? I am engaged currently, and to my understanding once we have been married for a year, my husband will be able to adopt my child. Do I have to wait for this in order to relieve my daughter's biological father of his parental rights? He may not assist me in the process, but he will not try to stop me from doing it. Is there a certain time length I must wait that he has not seen or paid for her before I can file for "abandonment" of the child? Is it considered abondoment even if there is no court ordered child support/visitation order set up?
Re: How to Relieve Willing Father of Parental Rights
Abandonment is something you can use in the stepparent adoption.
The courts want to see stability, and while there's no statutory requirement for being married for X number of months or years it does make your case far more persuasive if you are in a stable marriage.
So when you're all ready, get in touch with a local adoption attorney and go from there.
Re: How to Relieve Willing Father of Parental Rights
Legally speaking, should I attempt to contact him and let him know my plans before trying to pursue them?
Re: How to Relieve Willing Father of Parental Rights
when you take any action to attempt to terminate his paternity, you will be required to give him legal notice. He will have the opportunity to dispute the action if he so chooses. If he is on board with losing paternal rights, then that should not cause any issues for you.
Re: How to Relieve Willing Father of Parental Rights
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Solemn
Legally speaking, should I attempt to contact him and let him know my plans before trying to pursue them?
Is there any question to his agreeing?
Re: How to Relieve Willing Father of Parental Rights
He probably will agree but will make no effort to help me in the process. (As in, if I am to start the process, he isn't going to help me by going to court with me and signing papers if that is what is needing, but I believe he would not fight the notion).
Re: How to Relieve Willing Father of Parental Rights
Then this can be done, at least if he can be served. Failing to respond to a notice proven to be delivered is acceptable as acquiescing to the action. If he would at least sign the notice sent that he is not contesting the action and returned it, even better
Re: How to Relieve Willing Father of Parental Rights
Do I need to get an attorney? I have tried to call the courthouse and have had difficulties getting through, but I was told I could just walk into the courthouse and get it started. I am concerned as to how much this would cost to begin.
Re: How to Relieve Willing Father of Parental Rights
Yes. An attorney will make sure everything is done correctly, when that time comes. Marry your fiancé then worry about it.
Re: How to Relieve Willing Father of Parental Rights
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Solemn
Do I need to get an attorney? I have tried to call the courthouse and have had difficulties getting through, but I was told I could just walk into the courthouse and get it started. I am concerned as to how much this would cost to begin.
You can find basic instructions on filing a stepparent adoption here, and some answers to common questions here.
Re: How to Relieve Willing Father of Parental Rights
Thank you, one more question...do I absolutely have to wait until I am married to file for his rights to be signed a way?
Re: Can a Father Who Doesn't Want to Parent or Pay Support Give Up His Parental Right
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Solemn
Is it considered abondoment even if there is no court ordered child support/visitation order set up?
No...
Re: How to Relieve Willing Father of Parental Rights
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Quoting
Solemn
Thank you, one more question...do I absolutely have to wait until I am married to file for his rights to be signed a way?
Until you are married, there is no step-parent. Until there is a step-parent, there is no reason for a step-parent adoption to go forward.