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Terminating father's right?
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Terminating father's right?

Ok so here's my story. I got pregnant to the man that I was engaged to last July. I got pregnant in August and my fiance was not happy and wanted me to abort. One night he got drunk and hit me so I left him. He has a history of underage drinking and other problems with the law.

At the current time my option is adoption because I cannot afford to give my child the life that I want it to have, I want to go back to school to better myself for the future, and I do not want the child. I have told him that I feel adoption is best and he wants full custody. That is not happening.

My question is if I give the baby up and I would end up going to court because he will not sign the papers could I bring up the fact that I do not think he is capable of making a coherent decision based upon his past with the law and so on?

Also -- I do not ask of your opinion whether I am doing right or wrong. I am asking if the court could terminate his rights based on his run ins with the law in the past.


    




♥♥Rita♥♥
I think the court may listen to your argument but the one who would be in court arguing for termination of the father;s rights would be the agency.......and/or the adoptive parents and what you have to offer at that hearing would be your knowledge of his history....

But this could flip easily in to his favor......


BLW_KAM
Rating
You can certainly mention your thoughts about him, but his parental rights need to be legally terminated, either voluntarily or involuntarily for an adoption to proceed.

Check out the laws in your state and determine if you have a Putative Fathers Registry and what other laws pertain to fathers rights. Here's a place to start: http://www.childwelfare.gov/systemwide/laws_policies/statutes/putativeall.pdf

Remember: Dads have rights too.


SJM
If you give the baby up, you won't be going to court if he refuses to sign. Once your parental rights are terminated, you're done. You're no longer the child's parent. You no longer have an interest in the child's welfare.

If he refuses to sign, there are things that will need to be proven before his rights can be terminated involuntarily. Only a lawyer in your area can tell you the likelihood of proving those things.


MamaKate
Your child's father has just as much right to parent as you do and your baby cannot be legally adopted without his consent. (Trying to avoid this by omitting his name on the birth certificate, going out of state, etc. is very risky and could cause a huge legal mess. It can also set you up to be sued/charged with fraud, etc.)

Unless he has committed violent crimes, crimes against children/women/animals or some other offense that would call the child's safety into the mix, his criminal record by itself probably won't be enough to terminate his parental rights. You would most likely need to show further proof that he is unfit before a Court will deny him the chance to parent.


Flying Monkey #073177
All I want to say is that you need to contact a reputable adoption agency and DO NOT email anyone here who is asking you to. They want to adopt your child and this is by far the WORST possible place to meet parents for your child.


DevonChaos
He has the same rights to the baby as you do. And he should. It isn't up to you to say he is fit or unfit. That is up to the courts. I would highly suggest taking the proper routes to avoid trouble with the law later. He has a right to this child, and if you are going to give up the child, he has the right to raise them.


whinie_p
BLW_KAM is right- his parental rights need to be terminated voluntarily or involuntarily in order for you to be allowed to put the baby up for adoption. The best thing for you to do right now is consult a lawyer. A lawyer will be able to tell you what you can and can't do in the event that he doesn't agree to an adoption. You can try to use his past against him, but he has to be proved to be an unfit father if he chooses to fight for the baby. It is a great thing that you want to do, but know that if you DO decide to keep your baby, you can still find a way to continue with school. Tons of people have gone to school with children. What ever decision you make is not going to be easy, but you can do it. Don't let this man stand in the way of what you want to do.


cantstopLinnyG
He has the same rights you do. If you lie and put the baby up for adoption without his consent, the adoption will not be legal, and you could be prosecuted.
They will do a background check on him. Juvenile records are sealed after reaching age 18. If you love your baby, you will keep him or her, or allow his or her father to raise him or her.
Oh, and BTW, anyone who asks you to email you wants to get their hands on your baby. Be careful!!


yeahright
Rating
You said he hit you. Do you have witnesses or did you call the police? Does he have a past record--even if it is unrelated to the situation at hand? There are laws that are unique to the state you live in--private message me on the contact information on my profile and I can refer you to the right information and / or contacts that may be able to help you (free of charge and w/o judgement). Good luck--it sounds like he needs a swift kick in the a$$ and I would have severe severe doubts about his ability to parent if he's engaged in physical violence. Kids and alcohol problems do not mix.


Myself
The minute you give up rights blood test are done and the baby is given to the father it can not be adopted out without his consent and the court will not terminate his rights without hard core proff he will end up with that baby if you say you don't want it until he messes up and loses it and that could be a long process.


Possum
Adoption is a long term solution to a short term problem.
Sad for this child - as he/she will have to always live with knowing that he/she was conceived and born at an inconvenient time.
Adoption is NO guarantee of a 'better' life.

If the father wants to parent - let him.
At least then the child will be allowed to grow with at least one genetic parent.
Growing in a family of genetic strangers is a hard life to live.
http://www.cubirthparents.org/booklet.pdf


tish_part deux
Rating
unless he's deemed unfit, he has rights to the kid. and you CAN NOT give the baby up, unless he signs. so if that's the case, there will be no giving the baby up.

also, the idea that another will be "better able to provide" is flawed. people are getting laid off everyday. prospective adoptive parents are not immune.

ps. the people asking you to "email" them, ask this of EVERY PREGNANT YOUNG WOMAN who comes to the board. these people are not interested in helping you, they want A BABY...ANY BABY.


Shannon
Based on the details that you have provided, a court will not terminate his rights. Lying to the courts is wrong. Please for the sake of your child, do not lie to the courts. (He only hit you once and while I do not have any respect for a man that hits a woman, the court will still side with him in most cases)

It is not opinion that falsely taking a child away from his father is wrong, it is FACT. If you do not want your own child, that is your problem. Don't take a child away from his dad because of your own issues with him. This goes for all children, whether through adoption processes or a single mother that is bitter.


Mom to Foster Children
Rating
You can't put up a child for adoption unless both parents surrender their parental rights. If you do adopt this child out and he finds out he can have the adoption overturned. If he wants to raise his child - then let him - adoption is hard on everyone - especially the child who from the start of life looses everything right from the beginning.


Kate
I believe the courts will look into the biological father to determine if he is indeed suitable to raise a child, yet even if he is not and does not sign over his rights sometimes the child might be placed into foster care.

Although, if it clearly is shown that the biological is in no position to raise a child the court can terminate his rights themselves if they believe he is not suitable as a parent.

Best wishes to you, and I hope you are able to put your child up for adoption as you please.


Leah Ann
Rating
If he wants custody, it will likely be more than a one time battle. If the court rules that he is unfit than the baby might be placed in foster-care until an adoption can be finalized. If he appeals though, than your going to have go through it all again, and again. and again. It ends up being messy usually. The best thing you can do is to find a good adoption agancy and tell them whats up. They can help you out and maybe get him to sign. Even the child does get adopted make sure it is closed and see if there is a way you guarntee the baby will never be taken out of the adoptive parents custody. You don't want him fighting the custody battle years later when the child is older.

My aunt adopted my cousin and had to fight the father over and over again for custody later on. Even though she had been in our family for several years, the father said he changed his mind and decided he wanted her. He had previously been declared unfit, but had straightened up and was now 'fit'. The case was finally dismissed after loads of prayer and good attorney's.


sizesmith
There is a law in many states, e-mail me with which state, and I'd like to talk with you.


allchildrenareangels
email me please





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