QUESTION
Can I seek custody of a great nephew?
Asked on Nov 08th, 2013 on Adoptions - South Carolina
More details to this question:
My niece had a child and wants me to adopt him. I have had the child for 3 months. The father is on the birth certificate. My niece is pregnant again and the father of the child in question assaulted my niece in front of the child and now she has an order of protection against him. He also has a warrant for simple possession. Can I adopt my great nephew or does the father have rights to the child since he is on the birth certificate? I do not think he would pursue custody of the child. He has no court order visitation and does not pay child support. I have documented in a journal every day I have had the child and the days that he did go back to his mom and the stuff that I have had to purchase for the child.
1 ANSWER
2 Awards
The father has rights to his child. However, if both mother and father relinquish their rights then you could adopt (if you are fit and proper and it would be in the child's best interest) The father's rights can be terminated if he fails to visit within a 6 month period or fails to pay child support for a 6 month period. However, he can still contest the termination and the adoption. In that case the judge may go ahead terminate his rights or the judge may give him a chance to step up to the plate and be a father. I also note that although he has a criminal background, it usually has to be rather serious crimes to terminate his rights based on crimes he has committed.
Answered on Nov 09th, 2013 at 8:20 PM
This response is general in nature and should not be considered legal advice.