QUESTION
Does he still have any legal rights over my son and how do my boyfriend and I go about having him adopt my son?
Asked on Jan 14th, 2014 on Child Custody - Ohio
More details to this question:
My son will be 4 years old come May. His biological father is not on the birth certificate although through DNA test, it showed my son is biologically his. The boyfriend met my son once when he was 5 months old and has not had anything to do with him since then. It has been almost two years since I've heard from him and I believe it was a year prior to that time. Any help would be very much appreciated. I also live in Ohio. Thank you.
1 ANSWER
Bankruptcy Attorney serving North Olmsted, OH
at
James F. Lentz Attorney & Counselor at Law
Update Your Profile
Sounds like a job for an adoption attorney. First, I"m not sure the father has any rights at all. The only rights an unmarried man has regarding a child are those granted by the juvenile court. If the father never went to court for visitation and custody privileges, he has none. Abandonment for over a year is justification for adoption. But a good faith check of the putative father registry must be completed. Also, when you were in the hospital having the child, did you and the bio-dad sign a paternity affidavit? This too can be used as proof of paternity. In any case, I would expect your lawyer to attempt to find the bio-dad and seek his consent for the adoption. The adoption can proceed without bio dad's consent, it is just easier when bio-dad does not object. Please discuss your concerns with an attorney. This response may not be considered a legal opinion due to the lack of specific information. Also this response does not create a lawyer client relationship. The response is meant for entertainment only.
Answered on Jan 17th, 2014 at 3:56 AM