QUESTION

Is there a way to get someone to sign over there rights without a DNA test?

Asked on Sep 15th, 2011 on Family Law - Virginia
More details to this question:
The father of my child and his family wants a DNA test. He''s only seen her once, she''s a little over 2 months old and he just got married. His wife is around 4 months pregnant. He doesn''t try to be a part of her life. He thinks she isn''t his cause of rumors spread about me. I was in a relationship with him from june of last year until may. I don''t cheat on people. I just want my little girl to be safe. I''m not going to keep her from him but i don''t want him to be able to take her from me.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
If you have not already done so, you probably want to contact your local Juvenile and Domestic Relations District Court to file a Petition for Custody.  Once you have a custody order in place, you can allow the father to visit the child without worrying that he will keep her.  If he did so, he would be in violation of the court order and you would have the full force of the law behind you to retrieve your child.  There is no procedure by which he can "sign over his rights" to the child.  He could sign an agreed order for custody, but that's about it.  Termination of parental rights is a long and complicated procedure that is only done in cases of severe abuse or neglect.  Usually, every other alternative is exhausted before a court would terminate someone's parental rights.  As far as the DNA test, he is entitled to this if you are seeking child support from him and he disputes paternity. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Sep 29th, 2011 at 11:44 PM

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