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Child was adopted and biological father was not notified.. how does the father get his rights back?

Author : Nekkid Truth!

Submitted : 2018-06-13 21:33:23    Popularity:     

Tags: biological  adopted  Child  rights  notified  

My fiancé and I are seeking some advice about him getting to spend time with his child and getting rights. Yes we will be calling consulting an attorney when their offices open tomorrow.. just looking for some quick advice right now. The little girl is 5

Answers:

Very unlikely. His name is not on the birth certificate at the beginning. He would need to take a DNA test. Also WHY would he want to disrupt things now. PLEASE leave the child alone - she has a mother and father now. It will be more confusing to the child to have another man claim he is her father.

THINK of the child - not the selfishness of the father. Your fiancé' needs to just move on and not try to seek any kind of visitation, etc. It will only cause more harm in the long run.

Revocation period has most likely expired now, him getting parental rights is unlikely.

First, he didn't have any parental rights if he wasn't on the birth certificate and it doesn't look like he made any effort to be.

He would have have had to petition the court before the adoption to establish his parental rights. All states also have abandonment laws for kids whose parent is on the birth certificate. Different states have different timelines but it's X amount of time (years usually) of no contact, no child support, etc and the parents rights can be terminated by the state, but in this case he did not have any.

Generally, no father on the birth certificate makes adoption harder, not easier. When a step parent adopts a child, they need to be married to the biological/legal parent for 1-2 years and if there is no father listed on the birth certificate, the state will require they make a reasonable effort to locate one and anyone name would be dna tested to prove they are actually the father. If they show they made a reasonable effort, the state will allow the adoption. There's also several ways they can do notices for adoptions, one of which is placing ads in the newspaper (which people often would not see).

What's most important at this point is the child. She likely is very bonded with this man who is her legal dad, and did everything to become her legal dad and basically uprooting her is going to be quite detrimental to her well being.

Your fiance is in this position at the moment because he didn't step up to be a dad.

Since he never took legal steps to establish himself as the child's father, he may not be able to get anything accomplished legally now.

You are right to talk to a lawyer, but I wouldn't expect that the adoption can be reversed.

Eventually the child will be an adult and he can establish contact with her then.

Putting the child up for adoption was an excellent solution and is in the child's best interest and the child is now FIVE YEARS OLD! Taking custody now is never going to be upheld by the courts and doing so would be horribly tramatic for the child. This is so incredibly self centered and so unconcerned with the well being of the child not to mention that you and your fiancé are not even married you sound like children. I hope the post is not true.

If only he was paying child support for the past 5 years they would have known where to serve him with the legal documents.

No, i doubt that it can be reversed, he needs to get a lawyer, get to court and get a DNA test to establish that he is the father, then he has to prove that he was never notified about the adoption, he would have been sent a letter about it, no judge would allow the adoption unless they thought that the father did consent. If he wants his child so much why has'nt he been paying support since she was born?

Helps to have the actual court records to figure out stuff like service, babe.

I'm pretty sure if your husband can prove he is the biological father through DNA then the adoption is void. I may be wrong and someone else can correct me on that. Before an adoption is legal both parents have to give consent. If there is proof that there was no attempt to notify him or search for him then the adoption isn't legal.

I'm basing this off something that similar that happened with a friend's son. He had no idea he was a father until the child was about 3.

Depends on the state (some states give huge preference to biological parents, others don't). Further complicating your situation is that the child and mother moved to another state. Further complicating your situation is your fiance's name is not on the birth certificate AND the child is now 5 years old. You all are behind the eight ball legally. Most judges are going to question to bio-father's commitment here. I'm not judging, just telling what a real judge will be thinking. Hope you all get a good lawyer because this whole thing could get ugly fast.

In 5 years time he never bothered to petition for paternity, visitstion or child support... That is considered abandonment by law. Judges arent likely going to rule in his favor



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