QUESTION
Can I terminate my son's father’s right if he doesn't see or ask for him?
Asked on Feb 28th, 2014 on Child Custody - Idaho
More details to this question:
My son is 2 years old going on 3 in September. His biological father and I slept before he was even a year old, about a year ago, my son went 4 months without seeing his father due to his father not making an effort to see or call for him. His family as well. He then started to see his father a month after summer ended and again now, it has been a little more than a month he has seen his father and I live no more than 15 minutes away. His father makes no effort or attempt to contact him. My boyfriend now he fully supports him and buys him everything is wanting to adopt my son. They get along get and do everything together. He is even raising my son, we do live together. Is this possible?
6 ANSWERS
The rights parents have are amongst the most cherished and inviolable rights within the law. Only in very compelling circumstances do Minnesota courts terminate parental rights. The vast majority of such adoptions occur with either the non-custodial parent's consent to permit the new spouse of their child's other parent to adopt (thus, you'd need to marry your boyfriend) or in circumstances where the non-custodial parent has passed away. Further, not seeing your child or, in this case, great infrequency of parenting time does not create compelling grounds for terminating parental rights.
Answered on Mar 10th, 2014 at 6:13 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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When you and your boyfriend get married and show signs of a stable relationship you can cofile with him for him to adopt the child. Part of that process involves terminating the father's rights. Until then, your relationship is too unstable for an adoption. If you want the bio father to pay support or seen the child regularly, go to court and establish his legal paternity, which is what should have happened when the child was born.
Answered on Mar 04th, 2014 at 3:36 AM
Bruce Provda
You can talk to him about voluntarily terminating his rights for an adoption by the other man. If he does this he will not be liable to pay child support.
Answered on Mar 04th, 2014 at 3:36 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If his name is not on the birth certificate then the adoption is easy. If his name is on the birth certificate then you may terminate his rights with his consent or without out his consent if he has failed to pay any support for one whole year or more.
Answered on Mar 04th, 2014 at 3:35 AM
1 Award
If your boyfriend wants to adopt your son, when you are married, he can file a Petition for an Intrafamily Adoption. The father can agree to it and sign a consent. If the father opposes it, he can have his parental rights terminated if the father has not visited or provided support for your son for a period of time of 6 months or longer. Do you have a court order against the father requiring him to pay child support? If not you may want to do so. Fathers who are not really interested in their children will not pay child support and are usually willing to give up their parental rights to avoid paying child support.
Answered on Mar 04th, 2014 at 3:34 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not likely. You would probably have to go a year with no contact to claim abandonment. On top of that, if you are receiving government assistance, the state will look to him for child support. I doubt that a court would allow boyfriend to adopt unless you two get married.
Answered on Mar 04th, 2014 at 3:33 AM