Anonymous
Anonymous asked in Family & RelationshipsFamily · 1 month ago

Does he have any rights?

My Daughters father was not there when she was born and in the state I live in you can't list a father unless he is present at the time of birth. Meaning he is not listed on the birth certificate. Now paternity was established back in 2017 when she was 8 years old. He is still not on the birth certificate because Her father was in jail for murder and has never seen or spoken on the phone to her. He tried to write her from jail but she said she is not ready to have any contact with him yet. She wants to wait until she is 16 and can see him in person to speak to him. He is looking at 40 years in jail. I let her make that decision because I don't want to push her nor do I want to tell her she can not write to him. I am getting married soon and my soon to be husband wants to adopt her, I have tried to talk to her father about it but he will not talk about it. I have tried to talk to a social worker, but she said that it is a difficult case because he is in jail. Do I still need his consent to have my spouse adopt her? What rights does he have while not on the birth certificate?

7 Answers

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  • Foofa
    Lv 7
    1 month ago

    You need either his consent or to convince a judge to strip him of his parental rights in order for your husband to formally adopt her. If parental rights were established legally it doesn't matter if his name isn't on the bc. Go talk to a family law attorney. 

  • Pearl
    Lv 7
    1 month ago

    i dont think so

  • Anonymous
    1 month ago

    First, stop focusing on the birth certificate.  If paternity has been established, it doesn't matter what the bc says.  He does have paternal rights, and these don't end because someone is in jail.  So you do need his consent, and this is true in every state.

  • 1 month ago

    This is a legal question and you should consult an attorney about the laws where you live. Good luck.

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  • n2mama
    Lv 7
    1 month ago

    Legal paternity has been established, so not being on the birth certificate doesn’t impact that. Her father still has rights to his child, and if he doesn’t want to voluntarily give them up, the only way to terminate them is through the courts. You would have to petition the courts to have his parental rights terminated to allow your fiancé to adopt her once you are married. The fact that he’s a convict doesn’t change that, it just means he probably won’t have the same access to a lawyer as you do. The person you need to talk to isn’t a social worker, it’s a lawyer. They are who would need to file your petition with the court to terminate his parental rights. He can fight it, and the judge will ultimately make the decision.

  • G
    Lv 5
    1 month ago

    It wasn't until that cleaning day where they discovered the true murdered. According to Joshua, he had been playing catch with the young girl when he accidentally threw the ball too hard and hit her in the head. Out of fear of repercussion, he hit her on the head with a baseball bat, rendering her unconscious. His story got even more confusing, as he went on to say that she had started to wake up so in order to silence her forever, he continued to stab her multiple times. Joshua was charged with life in prison with no possibility of parole.

  • Anonymous
    1 month ago

    Few things to unpick here.

    1. Your fiance cannot adopt her without her birth father's consent. His status as a convict doesn't change that.

    2. He has all of the same rights whether or not he on the birth certificate. He can go to court, even while he is in jail, and press for them.

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