My kid’s biological father hasn’t seen them in three years. My now husband has been raising them since my son was five months old; he’s now three. My question is how to go about their biological dad getting his rights terminated and for my husband to adopt them. Can anybody tell me the process? Honestly, I’ve asked him twice to sign over his rights voluntarily, and he has ignored me. I don’t want to spend a lot of money on a lawyer when I know he’s not going to show up or come to any kind of court hearings. I’ve tried to go to the courthouse, and they told me they don’t have that kind of papers to file. I live in western PA if that helps.
Getting an attorney is what’s best honestly.
Get a hold of domestics I know bellefonte court house has a department for domestics
Getting an attorney would be easier. It’s a huge process to terminate a parents rights. If he does it voluntarily, he would have to sign a paper in front of the Judge. If you serve him with termination papers, and he doesn’t respond to the court proceedings, you can have his rights terminated without his signature. Atleast in NM.
Here in Michigan there is one rule for adoption by a step parent, it has to be more than 2 years since they last had contact with the biological father, but he will also need to give his permission. If he says no, you can try to fight him, but thousands of dollars later, he will just be ordered parenting time that I’m sure he won’t adhere to, then you could take him back again with a chance the judge will terminate his rights. Its difficult at best in my state.
Theres a way through the court system to file however I’d get a family law attorney
Your honesty going to have to hire an attorney. I’m in western pa too. Call around ask rates. Find someone able to help. This is a very complex issue.
In Ohio you file the paper work they will serve him with the papers to contest it If he doesn’t reply in the time firm they then will work on step 2 which is a home visit
You need a lawyer, they will get you a court date and write up your request.
You just have to prove there has been no contact. You have to attempt to contact him and have him served court papers.
Well if he isn’t paying his child support,make him start paying thru the legal system or terminate his rights and not be held accountable to pay anything?
You’re going to have to get an attorney for that unfortunately, they have to be present when you go to court too so that way they can represent you and your husband and the child in question. I had to go through the same process with my daughter, my husband adopted her because her bio father hadn’t seen her since she was about 6 months old. She’s 4 now. We got a family attorney and had him draw up the paperwork for us and it took a year to get the signature from the sperm donor as I put it, and less than 4 months from the date the papers were signed to get the adoption granted. With an attorney it will be easier to get him to sign his rights because the attorney will take the papers to court for the termination and if he doesn’t show in most cases the judge will voluntarily sign his rights away without him being present. You will have to talk to an attorney though to know for sure what your options are if the bio father doesn’t sign his rights willingly once the papers are drawn up. I know Pennsylvania and Texas have different laws regarding that stuff, but regardless you will have to spend that money.
Consults are free though.
He needs to give up his rights. Although likely easier just to get your husband guardianship as it doesnt sound like the father is willing to sign off.
I live in nepa…I had to get a lawyer…cause it has to be published in the newspaper and everything
I would get an attorney to assure all is done legally. You can’t predict the outcome, but if it’s worth it for you to try, you should try.
Does he do child support?? Do you know where the father is??
Honestly, you don’t need a lawyer. I’m not sure about PA but I live in AZ and went through the process. Here, if you go 6 months without contact with your child by choice, it’s abandonment and after that you have every right to file for termination of rights. You can call the court and request they email you the paperwork, or go in and talk to them about it. Then you go in and file it and you have to have him served. (There are a few ways to do this, most are inexpensive) He will have a certain amount of time to respond and a hearing will be set. In my case, he didn’t show up and it was a done deal that day. It wasn’t nearly as stressful as I thought it was going to be.
If the father doesn’t give permission it’s gonna be nearly impossible. Hell go put him on child support and if he is bad as you say he will probably want to.
I realize he has been absent for a very long period of time. And the youngest child is too young to even know who he is. But the older children know who he is. He is wrong for not being involved in his children’s lives, but that doesn’t change the fact that he is their father. I truly don’t understand why so many women try to terminate parental rights of a childs father. They are just as important to the children as you are. And are entitled to equal parenting rights. The only exception to that is if they are abusing the children. Dont be so quick to try and strip the Dads parental rights away. Your kids will grow up and look for the truth one day and wonder why you took him away just as much as why he chose not to be around.
You need a lawyer, the kids will need a guardian ad listen lawyer as well. Thats our state anyway
I actually just went into the courthouse here (I live in central pa) and they sent me to the ‘orphans court’ section and they gave me all kinds of numbers for affordable attorneys and such. I dont know if your courthouse has the same thing but its worth a shot! Good luck!