Can my son's "father" lose his rights?

Amanda - posted on 07/18/2011 ( 6 moms have responded )

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My son is 18 months old, and he has never met his father. I filed for child support and he got papers to fill out, but he is refusing to fill them out and mail them in. Is there a way I could make it toward he has no rights to my son? He has never met him, never payed any child support, he didn't sign the birth certificate, and he never talks to me...

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Pandora - posted on 07/19/2011

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All I can say is it takes two years of no contact for someone to adopt or terminate perinatal rights. Child support counts as contact don't ask me why because they will not let them go two years with out paying it. Check with a lawyer you can find one that give a free 1st meeting. Do it legal and the Friend of the Court will not give you advise.

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Maci - posted on 12/11/2016

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I understand where you're coming from however courts consider child support & custody two different matters. From what i've heard and this may vary state by state but there would need to be someone willing to take the child's fathers place as father if the actual father were to sign over his rights. Also a DNA test is likely to be established to prove he is the father before making him pay, I went through that with my child's father. By all means go after child support, you didn't create the child alone and he needs to pay. Believe me children are expensive and as they get older it gets more and more expensive.

Faye - posted on 07/19/2011

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Visition and child support ARE two different areas as far as the family court system is concerned. You can not disallow him visits just because he does not pay child support.

Yes the court can and does order a DNA test but be careful that he is the father. If he is proven to not be the father, then the court could make you pay the costs. Also be sure he is aware that if he does not show up for the DNA test, then he is automaticlly assumed by the court (and child support will become automatic) to be the father.

Christina - posted on 07/18/2011

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Remember, when you really start enforcing child support, some men start enforcing visitation to retaliate. So if you don't want him in your son's life at all, really think about the child support.

Erica - posted on 07/18/2011

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Sounds like to me paterniity will need to be established , it can be court ordered , if not a bench warrant for his arrest could be at stake. He should not have rights for visitations but this could open up the doors. Once he is found to be the father of your child, he will have to turn over all of his income and then a child worksheet will be put in place and filled out per at the prosecutors (mandatory) request.

Christina - posted on 07/18/2011

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If he hasn't taken a DNA test, he has no rights. Right now, if he tried to pick your son up for a visit, you could legally call the cops on him for kidnapping because he hasn't even been established as the father.
Some states have an abandonment law. Your best bet would be to go to the local court house and find out if your state has them and how to enforce them.
Or you could ask the dad to sign his rights away.

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