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does a father have any rights if they never were involved? Child is almost 2 and a half now

his father (my nephews dad) has never been involved what so ever he is going to be 2.5 in January and his father has never seen him doesn't call my sister, doesn't ask about him anything. He wanted her to have an abortion when she was pregnant. Well, now my sister has a new boyfriend been with him since my nephew was 2 months old. So he calls this guy dad because that is all he has knowen as his dad. And he is to young to talk to about this. My sister and her boyfriend are talking about getting married with in a year or 2 and he would love to adopt my sisters son. (he pays so much for my nephew and buys his diapers everything his real dad has never gave my sister money for anything for him). How can he adopt him does he still have to get an ok from the real dad even though he hasn't been around? My sister went for a DNA test so she can get suport from him he never showed so she just gave up.

 
Anonymous

Asked by Anonymous at 1:16 PM on Nov. 17, 2010 in Relationships

This question is closed.
Answers (9)
  • If the father is on the birth certificate than he would have to agree to give up his rights to the child
    UpSheRises

    Answer by UpSheRises at 1:19 PM on Nov. 17, 2010

  • As long as he has not signed away his rights, legally he still has rights, morally he has zilch!
    older

    Answer by older at 1:20 PM on Nov. 17, 2010

  • Yes, the real father will have to give up his rights in court even though he isn't around in order for the new guy to legally adopt the boy.
    twinsplus2more

    Answer by twinsplus2more at 1:20 PM on Nov. 17, 2010

  • i forgot to mention I think that he is not on the birth certificate
    Anonymous

    Comment by Anonymous (original poster) at 1:25 PM on Nov. 17, 2010

  • if he isn't on the birth certificate then he still has rights??? He also didn't show up for his DNA when he was about 5 months old
    Anonymous

    Comment by Anonymous (original poster) at 1:27 PM on Nov. 17, 2010

  • un married father of children have to file in court for their rights (all states but two-do not know the two)
    but even if the bio dad not on birth certficate, i think he WOULD have to sign over all rights for child to be adopted by another man
    IF bio signed over all rights, mom will never get a cent from him ever, but sounds like this is not an issue
    since a real man has stepped
    get a lawyer
    good luck to her and her new family
    fiatpax

    Answer by fiatpax at 1:27 PM on Nov. 17, 2010

  • even if not on birt certificate
    AND..since mom has filed in dourt for a DNA, court now knows this mom has asked for the bio dad to step forward, so this is in court record, court now knows the new dad is not the bio dad, and will be impossible for her to even try to lie= like she does not know the father etc
    bio hads to give up rights
    fiatpax

    Answer by fiatpax at 1:29 PM on Nov. 17, 2010

  • It is possible to have his rights stripped so that her son can be adopted but it is a very long process because they give the biodad every chance possible before taking their rights to the child away. So she should start now if her riance wants to adopt him in a couple of years.
    riotgrrl

    Answer by riotgrrl at 2:06 PM on Nov. 17, 2010

  • Yes, the father does have to give his consent before another man can adopt his child. But I'm sure the fact he hasn't been involved in the child's life at all should have some bearing.
    HotMama330

    Answer by HotMama330 at 4:10 PM on Nov. 17, 2010

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