Hello all My name is desiree. i have a 2 and a half year old little boy. His legal father is pretty much doing nothing for him at all. i am 99% sure he is not his biological father but he did sign a paternity affidavit so he is his legal father. i want to know if there is anyway to get his name off of my son and all legal rights gone. if anyone knows how please tell me.
In most states he has to be willing to sign up his rights and there has to be someone (stepfather) waiting to adopt. There are a few instances where they will look past that, like if he has never provided any type of support or had any contact with him, will be in jail for more than like 5 yrs, or is abusive. I recently went through this with my sperm donor and since none of the exceptions were met I had to wait 2 yrs for him to realize he wouldn't have to pay CS if he signed up his rights and let DH adopt.
ETA - I forgot to add, even if you get a DNA test to prove he isn't the father, some states will not allow a child to be bastardized and won't let you remove his rights without someone waiting to adopt unless there's abuse, etc...
First of all, If there is a chance that he might not be the father, why did you let him sign the birth certificate? I don't think there is anything you can do unless he is willing to sign over his rights.
Maybe have a DNA test done? If he's proved to not be the father, maybe you would have more leverage? Idk...BUMP
In most states you need a stepfather willing to adopt the child. I know in some states he can sign a paper to wave his rights, some states will only allow you to do with another man willing to step up to the plate and be a father. Good luck.
Quoting nbr1sahm:
Why would you let him acknowledge paternity if you were pretty certain he wasn't the father?
I've been waiting for 13 years for my son's sperm donor to figure out that he won't have to pay any more child support... I guess his obsession overpowers that puny little brain that holds vacancy between his ears.... oh well...
Quoting AMarineLovesMe:In most states he has to be willing to sign up his rights and there has to be someone (stepfather) waiting to adopt. There are a few instances where they will look past that, like if he has never provided any type of support or had any contact with him, will be in jail for more than like 5 yrs, or is abusive. I recently went through this with my sperm donor and since none of the exceptions were met I had to wait 2 yrs for him to realize he wouldn't have to pay CS if he signed up his rights and let DH adopt.
ETA - I forgot to add, even if you get a DNA test to prove he isn't the father, some states will not allow a child to be bastardized and won't let you remove his rights without someone waiting to adopt unless there's abuse, etc...
what's the best way to...
- Desiree030
on Feb. 8, 2010 at 10:06 PM