Is this legal for her to do this?

daughter_of_God

Legal? I don't think so. Based upon what you wrote above which reads, "They later got divorced while he was incrassated in Florida. His ex wife went to the jail and asked him to sign over his rights to the child, and he refused. Later she place an ad in the newspaper in Mississippi", his ex perjured herself in court (she lied to the judge) and that is a crime, in and of itself!

Doesn't she know that when she visited her ex in jail to ask him to relinquish his parental rights that the jail would keep a record of her visitation? That log sheet will be proof positive that she lied about knowing the whereabouts of her ex and that means that she will end up with a criminal record, the father's rights will be re-instated, and she may even end up in jail, possibly even losing custody.

He needs to get a good lawyer asap and subpoena a copy of the jail's log showing the date of her visit. Then the lawyer has to go to the court and file to have the father's rights reinstated based on the mother's perjury. And then he should file for at least visitation, or possibly even custody if he has cleaned up his act, based upon the mother's criminal action.

ubu

She does have the right to do that as advertizing in her local paper. HOWEVER , He can petition the court to have his rights reinstated because she had KNOWLEDGE of his condition..........and location . Thereby actually committing fraud on the court.........Get a local lawyer.

If his name is on the birth certificate than what she did sounds illegal. However if his name was never put on it he needs to see a lawyer that deals with family law and bring her to family court for a DNA test. However she can then make him pay back child support which could be thousands of dollars.

little mama

If you want to have a parents rights terminated then it's possible and legal to do just what she did. She would have had to provide info on the father and then they put that stuff in the paper. If he hadn't seen the child for a certain period of time (varies from state to state how long) then it's considered child abandonment and makes it pretty easy to terminate rights. Also she would have had at least 1 appearance in court and explain why she wanted the rights terminated. So yeah it's legal.
And I can't say that I blame her. He's obviously not the greatest guy in the world. We know he's a cheater and he's a criminal and obviously can't take care of the kid. Sounds like she's doing what she needs to do.

DiAmOnD PrInCeSs

I hate to break the news but what she did is legal! It is required by law that she "puts effort" into notifing the father that she is termanating his right and taking full custody of the child. He in turn has 45 days to respond. As far as the newspaper ad thats the perfect place because HELLO nobody is going to be like "hey I think I will check the newspaper ad to make sure my babys mother is not trying to take full custody" but at the same time they have proof that they put in resonable effort into notifying the father! Its a messed up situation but most custody battles are! If I was in his situation I would get a lawyer and do every thing I could to prove that she came to the jail and she knew exactly how to contact him she was just taking to easy way out!

chocoroco

first, it's incarcerated.

second, no it's not necessarily legal and he should petition for a paternity test.

phattybiggums

He needs to get an attorney to handle the situation because as of right now he has to get his parental rights reinstated. Then you can worry about what she did and what you can do about it. There is one benefit, he will not be able to be sued for child support from her at this time. He can get his money together to fight her in the court system.

miss molly

She sounds like a real *****.

Your boyfriend will have to seek legal advice and request D.N.A. testing
make sure that you have all the necessary paper work.

Good luck

Barb Outhere

No, what she did was NOT legal.
She knew both that the child had a biological father (having gone to him to ask him to sign over his rights), and where to contact him, and would have had to claim she knew neither to petition the courts that way. Sounds like fraud/perjury may be involved here.
*****It is not a "reasonable attempt" to contact concerned parties, just to put the ad in the paper, when she KNEW where he was the whole time.

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