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fathers rights/adoption

my 6 month old daughters father is not on the birth certificate. I got a restraining order on him when I was pregnant. He is not a safe man. With that said, I have a couple of questions. 1) he has not broken the restraining order, when the time runs out I plan to go to the court and reup it. If he goes as well to try and keep me from getting it, can they not grant it to me because he didnt break it? 2) the man I am with loves her as his own. Could he adopt her? Would her father have to turn over the rights even though he is not on the certificate? or because there is noone on the certificate, could he adopt her without us having to even contact her father? 3) continued below..

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Anonymous

Asked by Anonymous at 3:00 PM on Nov. 12, 2008 in General Parenting

Answers (4)
  • Does her fathers mother have any rights to the child? I know grandparents do have rights - but since there is no proof that she is, does she? I woudlnt have a problem with her seeing my daughter, except she was standing up in court against me lying in order to get her son to look better. Understandable I guess - but I dont trust her or want her having anything to do with my daughter.
    Thanks - sorry its long.
    Anonymous

    Answer by Anonymous at 3:00 PM on Nov. 12, 2008

  • why not just let your boyfriend go sigh a paternity affidavit? as long as her biological father was never proven to be,(no paternity test, not signing the birth certificate) there shouldn't be a problem with doing it the sneaky way. and yes, grandma does have rights, but she will have to fight for them. if you think she will do this, then try convincing her that you lied. the child is not her son's.
    here's the scary thing-- i had my rapist's baby. the man who raped me almost won rights to my son. it is possible. pm me if i can help further.
    bestmommyeber

    Answer by bestmommyeber at 3:08 PM on Nov. 12, 2008

  • You will have to prove that you tried to contact the father before you can have your baby adopted. And yes if he pushes if you will have to fight for custody. If he finds out what is going on he also has the right to a DNA test. Which, once he passes and finds the baby is his he will then be able to use to fight for custody... And since he didn't break the restraining order the court will need proof that he is STILL a threat to you and your child to reup it... And if your boyfriend wants to adopt you will need to go through all the red tape that a normal adoption parent does. My mother and "father" were married for 3 months when they filed for him to adopt me. They were almost denied because of his income... You will need to see an attorny for this stuff... If things are done wrong it could prove to be painful in the end!
    SabrinaMBowen

    Answer by SabrinaMBowen at 3:28 PM on Nov. 12, 2008

  • If you try to do it "the sneeky way"...it's going to come back and bite you in the butt. First...if you aren't married to the "man your with" I don't see an adoption being granted, Second...you could ask the bio dad to terminate his rights or you could petition the court to terminate his rights...Third.. It doesn't make you appear to strangers as an honest mom who is looking out for the best interest of your child, it makes you seem like a sneeky woman trying to stick it to dad. You may not be that type person at all, but remember, the courts, etc. are strangers so you have to consider how they will view your actions. Also, if you are not married to the man you are with, why in the world would you consider letting him have all parental rights to your child?? If the adoption was granted, he could leave you, take HIS child and you'd be fighting him to get her back. Think before you act!
    Anonymous

    Answer by Anonymous at 10:55 AM on Nov. 14, 2008

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