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  1. #1
    Join Date
    Apr 2014
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    Default 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?

  2. #2
    Join Date
    Apr 2009
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    Default 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.

  3. #3
    Join Date
    Apr 2014
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    8

    Default 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?

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default 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.

  5. #5
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    Default Re: How to Relieve Willing Father of Parental Rights

    Quote Quoting Solemn
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    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?

  6. #6
    Join Date
    Apr 2014
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    8

    Default 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).

  7. #7
    Join Date
    Jan 2006
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    38,867

    Default 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

  8. #8
    Join Date
    Apr 2014
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    8

    Default 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.

  9. #9
    Join Date
    Feb 2014
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    Default 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.

  10. #10
    Join Date
    Sep 2005
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    Default Re: How to Relieve Willing Father of Parental Rights

    Quote Quoting Solemn
    View Post
    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.

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