cont. questions

Texas

Okay, the father of the baby is not on the birth certificate and has not signed a paternity paper. So he has no rights. If that is the case, shouldn't my fiance adopting the baby be a simple process?

Also, no papers were signed when I let my aunt and uncle get the baby. I signed so they could give her medical attention, but that is all. There was no transferring of rights.

In your opinion, would the best thing be for me to give up rights, so that I know she is safe, but lose my daughter or go get her where she has a crazy father and he may be even more determined to cause chaos? I don't know what to do and people say do what my heart tells me, but I can't listen to my heart on this issue, I need to do what's best for all of us individually and as a group. Help!!!

First of all, do not give up your parental rights. The court will then try to determine the bio-father and he could demand his rights and get custody of the child. Once you have lost your parental rights, they are gone for ever!

After you are married, your fiance can file a petition to adopt. The court will ask you who the real father is, and attempt to contact him for his consent. If you say that you don't know who the father is, and later he goes to court for paternity, you can be in a big mess.

Paternity will have to be established before you can get the adoption approved or have the dad's rights terminated.


I'm sorry to say, there is no easy way out for you. You definitely need to see a family attorney. A consultation my be free or it may cost $100. You need someone to fight for you & your family's rights. Please don't try to tackle this on your own.

You are in my prayers

NO don't give up your rights! Also you say your ex is in jail, is he out are there still charges pending on him killing that guy? If there are still charges pending when is the trial. If he has already served time, you have a great reason to terminate HIS parental rights. No he doesn't technically have any rights because he hasn't claimed paternity BUT if he does want to see the baby he will be able to file for paternity.

I realize you are afraid of him, is there anyway you and your fiance can move away from where your ex is? Maybe move closer to your aunt and uncle? How old is the child?

Your fiance adopting the child isn't made easier by your ex not being on the birth certificate. Because when you have a step parent adoption, they have to notify the birth father, I will send you an email more info on it if you want me to. Send me an email to [email protected] and i will help in any way I can.