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What can i legally do to get rid of dead beat bio dad?

My DD is 2 and bio has been involved very little. He was physically around until she was 9 months just because he had no place to move to when my father kicked him out he was gone from her life for 3 or 4 months then he'd take her 2 or 3 hours a week and i supplied everything and she always returned soaked hungry and smelling like smoke. I met someone new at that time. Her bio then disappeared right after Christmas no calls no visits and I didn't pursue after a few returned messages. I married in June. He was gone until November then his new girl friend messaged me on myspace and said he was in a serious accident. So i took her to the hospital he almost died and has changed wants to start fresh blah blah blah. As soon as he was better he started partying and not showing up again. but he managed to string out his disappearance until April from hit and miss visits. Now gone again. over the past 2 yrs he's been arrested 5+ times


Asked by amommy2a2yrold at 10:37 AM on Aug. 26, 2009 in General Parenting

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Answers (6)
  • Keep a very detailed record of his contact with you and your daughter (I'd also make notes regarding his arrests). Find an attorney who can fill you in on the laws in your state. In the state where I live, no contact from a parent for a certain period of time constitutes abandonment. I was able to have my ex-husbands parental rights revoked after he disappeared for a while, though I did have to make some attempts to locate and inform him. I know it is different from state to state, and from case to case. Good luck.

    Answer by Anonymous at 10:53 AM on Aug. 26, 2009

  • One option is to see if you can have your DH adopt her by proving abandonment on BD's part, some states only require 6 months of no contact to prove abandonment. You cannot terminate BD's rights without another father-figure to assume those responsibiilties. Otherwise, the only thing you can do is go to court file for primary physical custody, sole legal custody, & limit BD's visitation & try to get it to be supervised only. You cannot get a Bio Parent out of the picture without a Step Parent adoption. This is to the best of my knowledge, hope it helps, also get a lawyer experienced in dealing with this. GL!


    Answer by BubbaLuva at 11:10 AM on Aug. 26, 2009

  • If you were never married he has no physical rights. If you were married he has the same rights.
    A child born out of wedlock is the solely the mothers. Dad's might sign the birth certificate but that's only agreeing he is the dad and can be taken to court for child support.
    What people don't understand is when a child is born out of wedlock the bio dad has to go to court and gets physical rights , it's like they have to "adopt" their own kid.
    This is why it is important to have kids during a martial union.

    Answer by wheresthewayout at 12:12 PM on Aug. 26, 2009

  • This is how my friend did it. She contacted an attorney, and they posted a notice in the paper saying bio-dads rights were going to be terminated if he didn't make contact. She had to sign paperwork swearing she had no address or phone # for bio dad. Once that was done, they took the info to the judge and had parental rights terminated. The state required she be married for two years before her DH could adopt her daughter.

    Answer by mancosmomma at 12:20 PM on Aug. 26, 2009

  • I hope you filed for child support from him through the courts. You could always ask him to sever his parental rights. Other than that, there isn't much legally you can do. I have questions about the above example given. I've not worked in many courts that just allowed a parent's rights to be severed by posting the notice. There has to be direct contact attempted at the last known address. Contact a lawyer if you want to go that route. Laws are different in each state.

    Answer by admckenzie at 1:25 PM on Aug. 26, 2009

  • I don't collect CS and I have asked him to sign over his rights He said sh'e my blood not your husbands I will never give him the rights. DH is like the #1 dad like TV dad quality and BD is like scum of the earth for my daughter to be around BD it's dangerous

    Answer by amommy2a2yrold at 2:25 PM on Aug. 27, 2009