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How to terminate rights of an absent parent.

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  • How to terminate rights of an absent parent.

    I'm looking into what i need to do to have my daughter's biological father rights terminated. My daughter is 7 and she has not seen or spoken to her biodad in about 5 years. I've had a child support order for 4 years that he has never paid towards. He owes somewhere around $15,000 in back child support. He has multiple violent chargers including child abuse (for beating his 12 year old brother) 2 cases that I'm not sure what he was actually chargered with but was Arrested for beating up his pregnant girlfriends. (Yes girlfriendS! More then one women) Multiple drug related charges including marijuana cocaine and Paraphernalia. And more traffic violations then i can keep up with.
    I'm married and my husband wants to adopt my daughter as he's been the only dad in her life since she was 1. I just dont know where to go from here. How do i go about getting biodad rights terminated? Is there a paper he could sign that would keep us out of court? I don't have the money for a lawyer. Do his rights have to be terminated for my husband to adopt my daughter?
    Any advice would be helpful were are located in Florida.

  • #2
    re: How to terminate rights of an absent parent.

    I wish to inform you that you may contact the bio dad and seek his consent for termination of parental rights and adoption of the child by your husband. If the bio dad does not agree then you may file a petition in the Court for declaration of bio dad to be unfit as a father. The burden of proof in the Court to prove the allegations made by you will be on you. The Court always keeps in view the best interests of the child and generally wants the child to grow up under the love and care of both the parents. The Court will consider all the facts and decide the matter.

    AFF

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    • #3
      Re: How to terminate rights of an absent parent.

      You need a lawyer for this. If biodad will sign a voluntary relinquishment that would save you a little bit of money. His rights must be terminated by a judge in order for your husband to adopt. Keep in mind adoption makes him just as if he were the biodad, so if you divorce he has the same rights to your child.

      Typically a TPR and termination can be done together, saving you a bit of money there too.

      Comment


      • #4
        Re: How to terminate rights of an absent parent.

        Before your husband can adopt your daughter, you will need to attempt to have the biological father's rights terminated. If you know where biological father is, contact him and ask him if he will sign the termination papers. If he will not do it voluntarily, you can still ask the court to terminate his parental rights. This can generally be done if the father has abandoned the child and refused to pay child support or attempt to see the child for many years. Hire an attorney before you do anything.

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        • #5
          Re: How to terminate rights of an absent parent.

          Originally posted by heatherburrell View Post
          I'm looking into what i need to do to have my daughter's biological father rights terminated. My daughter is 7 and she has not seen or spoken to her biodad in about 5 years. I've had a child support order for 4 years that he has never paid towards. He owes somewhere around $15,000 in back child support. He has multiple violent chargers including child abuse (for beating his 12 year old brother) 2 cases that I'm not sure what he was actually chargered with but was Arrested for beating up his pregnant girlfriends. (Yes girlfriendS! More then one women) Multiple drug related charges including marijuana cocaine and Paraphernalia. And more traffic violations then i can keep up with.
          I'm married and my husband wants to adopt my daughter as he's been the only dad in her life since she was 1. I just dont know where to go from here. How do i go about getting biodad rights terminated? Is there a paper he could sign that would keep us out of court? I don't have the money for a lawyer. Do his rights have to be terminated for my husband to adopt my daughter?
          Any advice would be helpful were are located in Florida.
          A voluntary termination of parental rights would be favored for stepparent adoption. Considering the amount of back support he owes, the bio dad probably would voluntarily surrender his rights. That is the approach I would take, ask him to surrender parental rights for your husband to adopt.

          Because of the gravity of the decision, the bio dad is required to have counsel in most states. Considering the amount he owes in back support, legal fees to arrange the adoption should be minimal (and welcome). A lawyer should handle the adoption, one for each party because this is a lifetime commitment, surviving marriage and even the grave for an adopted child has all the rights of a biological child including inheritance. That is why courts want to have a reasonable assurance the marriage is a stable one.

          So, my recommendation is you approach the bio dad for voluntarily relinquishment of parental rights. And in exchange forgiveness of the back support debt. No more accruing he can't pay. That the stepfather is willing and eager to adopt. All it would cost him is minimal legal fees to (1) get basic advice from counsel and (2) appear in court for the adoption, usually an informal procedure in chambers.

          Comment


          • #6
            Re: How to terminate rights of an absent parent.

            QUOTE=Friend In Court;353338] . . . . . . . Because of the gravity of the decision, the bio dad is required to have counsel in most states. .(?) . . . .[/QUOTE]

            Is that so, fic?

            Then name just one state, citing your so-called legal authority, wherein it is a requisite that a parent "have counsel" before an order terminating the parent-child relationship can be entered.

            Would it seem impertinent to remind you and the OP that you have never represented any parent in any termination and/or adoption proceedings?

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            • #7
              Re: How to terminate rights of an absent parent.

              Friend, these people on here are really absurd huh lol...I don't even work in law and know 100% that some states require the bio father to go to counseling. Colorado is definitely one! It's just amazing how people on here think they know everything (when in fact they DO NOT), yet try and harass you for knowing many facts! I would bet most on here don't even know that you don't even have to contact the birth father, as long as you publish the adoption in the paper "you believe" the birth father lives in.

              Comment


              • #8
                Originally posted by CheerMom View Post
                Friend, these people on here are really absurd huh lol...I don't even work in law and know 100% that some states require the bio father to go to counseling. Colorado is definitely one! It's just amazing how people on here think they know everything (when in fact they DO NOT), yet try and harass you for knowing many facts! I would bet most on here don't even know that you don't even have to contact the birth father, as long as you publish the adoption in the paper "you believe" the birth father lives in.
                Just for our edification here, which is it - counseling or "you don't even have to contact the birth father". Being as they are mutually exclusive.

                Comment


                • #9
                  Re: How to terminate rights of an absent parent.

                  Originally posted by Sax View Post
                  QUOTE=Friend In Court;353338] . . . . . . . Because of the gravity of the decision, the bio dad is required to have counsel in most states. .(?) . . . .
                  Is that so, fic?

                  Then name just one state, citing your so-called legal authority, wherein it is a requisite that a parent "have counsel" before an order terminating the parent-child relationship can be entered.

                  Would it seem impertinent to remind you and the OP that you have never represented any parent in any termination and/or adoption proceedings?[/QUOTE]

                  YES, it is correct. I not only have aided lawyers in stepparent adoptions but been party to one myself. Washington state is one of those states, by the way. The bio dad was required to have counsel for the stepparent adoption.

                  You know nothing of me, my law school education and 20 years employment as paralegal so I don't know where you get off with your harsh personal attacks and criticisms.

                  They only detract more from your imperfect understanding of the law. Like the "I would eat hay" response of yours because you did not know that the character of separate property can be lost if another person commingles their assets into it.

                  Comment

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