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Adoption question

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emtjenny

Junior Member
What is the name of your state? Indiana

I have a daughter that is 16 months old. I did not name the father on the birth certificate, although I know who it is. He lives in KY and has never paid a dime to me. He at first threatened to take me to court to get visitation rights and custodial rights, etc. but he is into drugs and last I heard is in rehab in KY.
Since the birth of my daughter, I have become engaged and he wants to adopt my daughter and I want him to. My question is, do I just pretend I dont know who the father is? What if later he starts wanting rights, what will happen then?
Would he have to pay for a paternity test if he contested it? What is the likelyhood of a judge giving him rights, with his drug problem?
Any information anyone could give me would be helpful and much appreciated.

Thank you
JennyWhat is the name of your state?
 


Neal1421

Senior Member
emtjenny said:
What is the name of your state? Indiana

I have a daughter that is 16 months old. I did not name the father on the birth certificate, although I know who it is. He lives in KY and has never paid a dime to me. He at first threatened to take me to court to get visitation rights and custodial rights, etc. but he is into drugs and last I heard is in rehab in KY.
Since the birth of my daughter, I have become engaged and he wants to adopt my daughter and I want him to. My question is, do I just pretend I dont know who the father is? What if later he starts wanting rights, what will happen then?
Would he have to pay for a paternity test if he contested it? What is the likelyhood of a judge giving him rights, with his drug problem?
Any information anyone could give me would be helpful and much appreciated.

Thank you
JennyWhat is the name of your state?
He has no rights or obligation to pay support until there is a court order.

However you fiance cannot adopt your child. You would have to establish paternity of the bio dad and if he is willing to give up his rights, then your finace after you all have been married for a year can adopt the child. There is no way around it.. You cannot pretend that you do not know how the father is, that is fraud.
 

emtjenny

Junior Member
See that is where I am confused. Because I have been told from people that if there is no parent listed on the birth certificate that there would be a notice posted in the paper for the unknown father of my daughters name and if within a certain time nobody responded that would be all that was necessary. But, if later he did find out he could contest it. Is this not true? I dont even know how to get ahold of him now. All I know he moved to KY.

Jenny
 

fairisfair

Senior Member
emtjenny said:
See that is where I am confused. Because I have been told from people that if there is no parent listed on the birth certificate that there would be a notice posted in the paper for the unknown father of my daughters name and if within a certain time nobody responded that would be all that was necessary. But, if later he did find out he could contest it. Is this not true? I dont even know how to get ahold of him now. All I know he moved to KY.
Jenny
But in your case, you DO know who the father is, you MUST do this the right way. Otherwise, this man could show up at anytime in your daughters life and contest the adoption due to your fraud. Try explaining that one to your DAUGHTER. Besides, it is your moral and legal obligation to give this man rights to HIS child. You are far down the road from your boyfriend being able to adopt your daughter anyway. You are not even married yet.
 

bononos

Senior Member
Why don't you think about filing to establish paternity againt the father requesting a DNA test, then file for support.
That's is your first and maybe only step at this point.
 

fairisfair

Senior Member
bononos said:
Why don't you think about filing to establish paternity againt the father requesting a DNA test, then file for support.
That's is your first and maybe only step at this point.
That is definitely her first step, who knows, unwanted daddy may run for the hills at that time and gladly sign term. papers when boyfriend is husband and in a position to adopt.
 

Neal1421

Senior Member
emtjenny said:
See that is where I am confused. Because I have been told from people that if there is no parent listed on the birth certificate that there would be a notice posted in the paper for the unknown father of my daughters name and if within a certain time nobody responded that would be all that was necessary. But, if later he did find out he could contest it. Is this not true? I dont even know how to get ahold of him now. All I know he moved to KY.

Jenny
These "people" that told you this, where they lawyers of just friends of yours?
 

Ohiogal

Queen Bee
emtjenny said:
See that is where I am confused. Because I have been told from people that if there is no parent listed on the birth certificate that there would be a notice posted in the paper for the unknown father of my daughters name and if within a certain time nobody responded that would be all that was necessary. But, if later he did find out he could contest it. Is this not true? I dont even know how to get ahold of him now. All I know he moved to KY.

Jenny
Not true. That is only if you do not know where the father is. NOW if you go into court and say you don't know and you do know or know of a prior address or how to track him down you would be committing perjury which is a crime. If you don't get caught at perjury and end up having the child adopted that could be considered a fraudulent adoption.
Play it straight. You chose your baby's daddy. Deal with it. Have him get a paternity test, establish paternity and force him to pay child support. He will probably get visitation. But he is the baby's daddy. You chose him. You need to accept that.
 

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