Parents rights

Kathrine - posted on 08/19/2013 ( 3 moms have responded )

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My son is about to be 3. He has his father last name but his father hasn't seen him since last Christmas eve. I want to take away his rights. We have gone to a attorney before and he didn't show up so I got primary custody and he has to pay child support. I Want to take his rights away since he is no part of his sons life just tries yelling at me over a internet community website. how do I take his rights away?

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Kathrine - posted on 08/19/2013

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He has nothing to do with him just sends me emails threaten to take him away but hasn't seen him in over a year. Plus I don't even believe its him sending the emails. I believe its the dads girlfriend.

[deleted account]

You cannot "take his rights away" because he is the biological father, thus, he has rights to the child as well.

If he is willing to, in most states in the US, he can sign his rights away. Your lawyer would prepare the papers and he would sign away any rights to see, contact, or make decisions about the child. If he does that, he would also no longer be obligated to support the child, so you would no longer receive child support. That said, in many cases, the judge will not allow it--both the father AND the judge have to agree that it is in the best interest of the child to have the father out of his life.

If you succeed in having your ex sign his rights away, the child would still have his last name. To change that, your lawyer would start a separate process submitting paperwork to the Social Security office, and whatever your state requires. You can change your baby's last name without having your ex sign his rights away, but you would have to get the ex to agree to the name change. Take's both parents unless one is deceased or has no rights.

Ev - posted on 08/19/2013

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You have to communicate with him about that. He has the right to say no. The only way you can have his rights taken is if he is a danger to the child.

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