my husband is the only father my child knows is my husband. his dad havent been there his mom told him not to call my son because we cant get along so he havent seen my son or spoken to him since he was 8 months old do he have any rights and can i sever his rights by saying he abandon my son. my son father left a gun on the bed with my son when he was 8 months old and was abusive to me one time because he was in the military they didnt do anything to him. and he have started calling since he got married last year twice but have stopped he told me if i want child supported i would have to have sex with him. he is a vile person and i dont want my son to grow up with that kind of influence. he has a history of domestic violence with his other babymama. OK LET ME BE CLEAR THE GUN HE LEFT ON THE BED WAS LOADED NO SAFTEY AND MY CHILD WAS LICKING IT BUT BECAUSE HE HAD PAPERS FOR IT THE POLICE JUST WARNED HIM AND I DONT NEED HIS MONEY I HAVE BEEN TAKING CARE OF HIM FINE.WHEN I TOLD HIM ABOUT IT HE WAS LIKE OH AND TOOK THE BULLETS OUT AND ACTED LIKE NOTHING HAPPEN. MY SON HAVE BEEN HOSPITALIZE 6 DIFFERENT TIME WITH ASTHMA FOR 3-4 DAYS AND HE WOULDNT EVEN CALL OR VISIT TO SEE IF HE WAS OK I KNOW 4 A FACT HIS MOTHER HAVE CALLED HIM AND TOLD HIM. MY SON HAVE HAD SURGERIES AND HE DOESNT CARE. ME AND MY HUSBAND HAVE BEEN TOGETHER 6 YEARS MY SON IS SEVEN AND WE HAVE BEEN MARRIED 5.
I DONT WANT CHILD SUPPORT FROM HIM I JUST WANT HIM AWAY FROM MY CHILD. AM NOT DOING THIS SO MY HUSBAND CAN ADOPT HIM AM DOING THIS FOR MY BABY.
Sounds crazy and I'm sorry you have to go through this. If you want the child support from him, you can go to the Child Support Enforcement office..and they'll make sure he pays without the sexual favors. But, it sounds to me that you just want him to give up parental rights so that your husband can legally adopt him? If I am correct, you will need to go to court. Your best bet would be to hire a lawyer for this. good luck
Yes, he does have rights and he doesn't have to pay child support to get them. Child support and visitation are two different issues and are viewed as such. He could take you to court to get visitation and you can also take him to court to get child support.
You need to seek legal help to terminate his rights. There are legal aid clinics who can refer you to lawyers who can take your case. There are also services who may connect you online. I was able to do this years ago and due to my income (at the time) it was completely pro Bono.that's ur best option for success is with legal direction. Good luck
You are not going to like this, but yes, he has rights unless and until you PROVE in court (with evidence - not your-word-against-his) that he should not have any. Then he may still get "supervised visits."
He IS the biological father, like it or not. He deserves to have rights. Your son deserves to know where he came from so he has a sense of history. (This might not seem important to YOU right now, but it will be important to YOUR SON in the future. You don't want him feeling like you kept something from him so he resents you.) Let them see each other, but do not let them be alone together.
IF HE IS WILLING to sever his ties and relinquish his rights, get it in writing and take it to court. Make it LEGAL, then you have a leg to stand on.
if you want to file abandonement dont go after child support. if he goes 6 months with no contact or support file abandonment then after a years time they will actually file it. dont talk to him at all, dont let him know what your doing. you and your current husband must be married a certain amount of time before he can adopt him. But ultimately if he doesnt want to sign away his rights i dont think they will make him, thats what i was told here in oklahoma. www.laborlawtalk.com go there, they should know state specific rules. good luck
He will probably have to sign away his rights before they can be severed, but if you have documentation of the domestic violence and proof of abandonment you might be able to do so yourself. You need to contact a lawyer. This is an important thing to do, and if you want your husband to be the guardian should something happen to you I would strongly consider that he legally adopt the child. Right now if you were to die, the biological father would have more rights to the child than your husband if he choose to fight for custody. You need to have things set up to protect you son.
Severing his rights as father won't stop him from making contact with you or his son if he wants to. It will only guarantee that he can never be made to pay support for his child. You may not want support now, but we never know what will happen in the future and it is not "in the best interests of the child" to legally sever the rights of one parent. The exception is if he is a danger to the child. Leaving a gun out one time will not be nearly enough to convince a court to do this.
If you don't want your husband to adopt your son, then his biological father is the only father legally recognized.
he cant withhold child support just cause you dont have sex with him get it court ordered and make them hold him accountable. he is manipulating you. get arestraining order on him. you may not want child support but your kid deserves it why penalize your kid cause he is a d***.make him responsible for half the medical bills this is an normal court order on support. get the child support for your child not you. it took two of you to make him so two of you should support him. your nuts if you dont get child support.
You would have to file to petition the court to sever his rights. If he doesn't respond, you would win by default. He could contest it and could possibly maintain his rights. Is he listed on the birth certificate? If not, he could technically have to claim his rights. Talk to someone at family court or an attorney.
I'm not sure I understand your question did the dad show back up or is he still gone?Is he dangerous for your child or yourself? Would he hurt either one of you? The thing is when your son gets older he will have questions and concerns and want to meet and know his father. If you try to sever his rights will it cause more harm for your son later in life when he goes looking for him. What if you break up with your husband? Why do you need to go after the dad to sever the rights? Is it because you are upset that he did it or you think he is a danger to your son?
