Can anyone assist with this legal issue?

Brandie - posted on 01/25/2013 ( 5 moms have responded )

31

0

0

I'm curious if anyone knows what would happen with my child if something were to happen to me. My child's father has no legal rights at present. I have full physical custody. We live in Minnesota. Would the state automatically place her in his home? He has not seen her in 4 months and has expressed that he no longer wants any contact with her. He has also wanted to sign his rights over for her, although in the state of Minnesota this is not something he can do unless I marry, and am married for a year and the person I am with wishes to adopt her.

MOST HELPFUL POSTS

Jodi - posted on 01/25/2013

3,527

36

3906

If someone else adopts her, however, then they are legally the other parent, the father will no longer have any legal rights to her......

5 Comments

View replies by

Heather - posted on 06/05/2013

6

0

1

Texas is much like Minnesota they wont do a termination unless there is someone adopting.

Currently if something happens to you yes, he would be made aware that his daughter is in state custody and she would be placed in his care unless he is determined unfit. (or he can terminate his rights to the state)

You need to draft a will and designate guardians in the event something happen to you. This would not stop him from gaining custody of her - if he wants it as the biological father he has that right. However if he doesn't challenge it - the court would automatically award her to your designee.

My children would go to my younger brother and his wife before their fathers would even be notified. And then they would have to petition for custody - that is really just to much work.

Brandie - posted on 01/25/2013

31

0

0

Thank you for your help. Although it is not news I wanted to hear it assists greatly :)

Dove - posted on 01/25/2013

11,623

0

1348

True... the op just said that he has no legal rights, but that he would have to sign away his rights in order for her to be adopted. ;)

If he does sign away his rights and someone else does adopt her.... she wouldn't go to her biofather if you die.

Dove - posted on 01/25/2013

11,623

0

1348

If he would have to sign away his rights in order for someone else to adopt her.... he still has legal rights even though you have full custody.

Yes, if you were to die your child would automatically go to her father. It would then be up to her father whether or not she STAYS with him. Someone else (a grandparent, perhaps) could petition the court for custody, but there's no guarantee it would be granted. That would be up to the court at the time.

Join Circle of Moms

Sign up for Circle of Moms and be a part of this community! Membership is just one click away.

Join Circle of Moms