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Can you force a child's bioparent to give up parental rights?

Posted by on Jul. 26, 2009 at 7:04 PM
  • 13 Replies

My DH and I desperately want to make our family official in the eyes of the court. We're working on getting him legal gaurdianship, but would much rather he be adopted. Biodad has seen him once since he was born, is combative and verbally abusive to me, used me and cheated on me. I want him to have no part of my son's life, he is no kind of father to his daughter from a previous relationship and now has a new baby on the way with the girl he cheated on me with. Can we have the courts force him to give up his rights?

by on Jul. 26, 2009 at 7:04 PM
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Replies (1-10):
JGLeagones
by on Jul. 26, 2009 at 7:09 PM

How old is your kid? I dont think you can FORCE somebody to give up their rights unless they did something horrible to the child.


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m_ellingson
by on Jul. 26, 2009 at 7:11 PM

You can file with the courts for termination of parental rights based on abandonment if he goes for a certain period of time without paying child support or having contact with the child. The time period varies by state.


burksmom3
by on Jul. 26, 2009 at 7:12 PM

I wa sin the same situation when my son was born...then I met my husband, and pretty much my husband told my son's biodad, that he was a useless father, and a deadbeat one. My husband pretty much made him feel like crap, and my hubby aske dhim to sign over his parental rights, bc he knows that he would be a better father figure in his life then his biodad would ever be! And to my surprise he actually said yea. Have you tried asking for him to sign over his rights??

JenniferLeh
by on Jul. 26, 2009 at 7:12 PM

 I would like to know this as well. My oldest son's bio father is one fucked up duck. He's into all sorts of weird stuff like beastiality and incest.

I want him to give up his parental rights so my husband can adopt my son.

If cancer does end up taking me,I'm afraid my son will be given back to his bio father..ICK!

So, I would be interested to see some of the responses as well.

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southernjess3
by on Jul. 26, 2009 at 7:13 PM

no, unfortunatly they think a parent still has rights even if they dont see the kid or pay child support...im wanting my exs terminated as well...i think court systems are so messed up nowadays..

KRISTAL_WILDER
by on Jul. 26, 2009 at 7:17 PM

Just ask him to give up rights. If he wont file for child support. If he gets sick of paying he might  give up rights so he doesnt have to pay.

HisTechnoAngel
by on Jul. 26, 2009 at 10:03 PM

my dad got my biodad to give up his rights... I'd look it up... but I dont think it can be forced unless something really bad has happened.

 

rainstorms
by on Jul. 26, 2009 at 10:26 PM

No you cannot force him to do that. IF you do, the court can Take the child from you! That is one of the questions that ask you when they grant custody, were you forced or threatened to make this decision?

Nikki D (me)

Jadyn matthew (3 1/2 yo boy)

Caleb Nickolas (otw)

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CarterMommy
by on Jul. 26, 2009 at 10:30 PM

this AND what happened with me and my oldest son was that his biofather said he would give up rights for my husband to adopt and then kept flaking off - in san antonio my lawyer said as long as he was served if he didn't respond then his rights would be terminated. he actually showed up at my lawyers office the day  before court and signed the papers in her office so it worked out. you'll just have to talk t oa lawyer and find out all the laws for it in your state.

good luck and PM me if you need to talk or have anymore questions

Quoting m_ellingson:

You can file with the courts for termination of parental rights based on abandonment if he goes for a certain period of time without paying child support or having contact with the child. The time period varies by state.


Lilypie

Lilypie

Lilypie
ToraMay
by on Jul. 26, 2009 at 10:37 PM

 

Grounds for Termination of Parental Rights

The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot safely be returned home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs. Each State is responsible for establishing its own statutory grounds, and these vary by State.

The most common statutory grounds for determining parental unfitness include:

  • Severe or chronic abuse or neglect

  • Abuse or neglect of other children in the household

  • Abandonment

  • Long-term mental illness or deficiency of the parent(s)

  • Long-term alcohol- or drug-induced incapacity of the parent(s)

  • Failure to support or maintain contact with the child

  • Involuntary termination of the rights of the parent to another child

You also have to prove that it is in the child's best interest to have his/her parental rights terminated.

 

You can look up your states guidelines for termination of parental rights by googleing "involuntary termination of parental rights (state's name)"

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