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How do I go about getting my daughters fathers' rights revoked?

My daughter will be 4 in July her dad has never really been around for most of her life he has been in jail. Now he is back in jail waiting to go to trial next month for 8 counts child molestation (happened before I knew him, and didn't come out until I left him)! For the last two years my fiance has supported her in every way, she even calls him daddy! I don't want her real dad to get out of jail and try to come around, and try to put his nasty hands on my daughter!

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Asked by Nikki_2379 at 9:10 AM on Jun. 15, 2011 in Preschoolers (3-4)

Level 3 (18 Credits)
Answers (5)
  • Is he on the birth certificate? If he is you will have to get a lawyer to write up paperwork to have him sign his rights over. Now since hes in jail for touching children they might go about it another way.
    There prob is a really easy way, just call and speak to a lawyer

    Answer by Amberlovesher3 at 9:14 AM on Jun. 15, 2011

  • courts will be much more willing to accept a father giving up his rights
    child has another male 'father' role model (and shows like she has a good one now) would help if two of you were married or at lest engaged - court wants stable relationship of father in childs life
    her bio father is in jail and for child molesting - if he did God willing it is proved in court - this will really help
    i think the bio father still has to sign over his rights, he may if he has not had any interest AND he knows he will not have to pay a cent after he signs over his rights

    maybe, you can have his rights taken away (see a lawyer-i am not a lawyer) but i think that it is not an easy thing
    much better chance if bio father wants to give away and there is a father to step up to the plate

    show how bio is bad
    and how childs real father in every sense is stable, loving and history of his actions in the childs life

    Answer by fiatpax at 9:18 AM on Jun. 15, 2011

  • Yes he is on the birth cert. I will be married to my fiance next summer. We have been together for two years he has a good job and has had it the whole time we have been together. We have been living together now for over a year! Our home life is very stable

    Comment by Nikki_2379 (original poster) at 9:22 AM on Jun. 15, 2011

  • You need to go have a consultation with a family lawyer in your area to learn what the laws are in your state. That will also cover what your rights are as far as keeping her safe from this man in the years to come. If your fiance were interested in or willing to formally adopt her as his own child a court would be more likely to remove parental rights from her biological father, now that being said you have special circumstances and thus really need to speak to a lawyer. The first meeting is usually free and will answer a lot of your questions with information that is relavent to your state and your situation.

    Answer by DoulaMom25 at 9:29 AM on Jun. 15, 2011

  • This is one of those things that is different in every state. In my state, if dad is in jail for more than 2 years that can be considered abandonment and grounds to have his rights revoked. But it differs from state to state and most states will bend over backwards to preserve a parent's rights to their child. Even if you can't get his rights revoked, you have a good case for getting full custody and supervised visitation at most for him. My custody agreement reads that my son's visitation with his dad is at my convenience and discretion, so it is totally up to me when, where, and how any contact with his dad occurs.

    Answer by riotgrrl at 10:01 AM on Jun. 15, 2011

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