What are the Rights of a Non-Custodial Father

[daveygirl]

my child was born in Arizona biological father lives in Arizona but me and my child lived in California for the first two years of her life we've recently moved to Colorado with my fiancé whom my child calls Daddy we've got another child on the way and I want to know what rights the father of my first child has he's rarely visited in the last two and a half years in which was me pushing him to visit and even then his visits where maybe at most once a month for at most an hour other then her birthdays where he attended the birthday parties I threw. I'd like to know what the biological fathers rights are to my child and if I have any chance of my fiancé being able to adopt or at least being able to change my child's last name which she currently bares my last name. (he's under this illusion that even though he doesn't try to have a relationship with the child now that he still has that chance when she's older because he did not have a relationship with his father until he had turned 18) all I want is what's best for my child :grumpy:

[Dogmatique]

Dad can file for custody/visitation whenever he wants.

Your fiance has no legal rights. Kiddo does know that your fiance isn't Dad, yes?

With regards to a stepparent adoption, you'll need to be actually married - and for at least a short while. The court wants to see stability.

[FatherWhoWon]

Does dad pay support? Do you have a support order?

If dad objects, and has even infrequent contact (and many states consider financial support contact), it's not going to be easy, perhaps impossible - and it should be, really. If he doesn't object, and you show stability in a marriage, then hire a lawyer and do it right.

If your fiance is not able to adopt your child, unless dad also signs off on a name change, I seriously doubt that you will ever be able to change last name to your fiancé's. Some folks refer to that as a back-door adoption. And its not something judges smile at.

[daveygirl]

Dad can file for custody/visitation whenever he wants.

Your fiance has no legal rights. Kiddo does know that your fiance isn't Dad, yes?

With regards to a stepparent adoption, you'll need to be actually married - and for at least a short while. The court wants to see stability.

she's only going to be 3 no she doesn't know he isn't Dad and refers to the Biological Father only by his name I didn't allow it because his visits have never been consistent but I never not allowed him to Visit with her as long as our schedules allowed it

- - - Updated - - -

he was paying child support for about a year but i'm currently working to stop child support.

[mmmagique]

You can't re-write history (unless bio dad agrees to it) Your dd has a daddy, and the fact that you're allowing her to think it is someone else will bite you (HARD) in the hind-end if her dad decides to take you to court. You need to tell your daughter the truth while she's still young enough to accept it.