Birth father in legal trouble...

In WV. My husband has warrants for felonies in WV and probation violation in VA. He has left the state to avoid going back to prison and I don't know where he is. He does know I am pregnant, and the last time I talked to him (November) he was dead-set against the idea of placing the baby for adoption, which is my intention. My question is: will he be able to fight the adoption from out of state using his lawyer and paper without having to show up in person for the process? If he comes back to WV he will be arrested.

You want to terminate his parental rights. The rights cannot be terminated until paternity is established.

After the baby is born, ask for a DNA test on the father. Also, you might ask for child support. Eventually, he will have to come to court. If he comes to court, he gets arrested. If he refuses to take part in the hearings, he will lose by default.

He's in a rough position.

You must be commended on doing the right thing by having your baby adopted.

With a criminal daddy, and you unable to pay for it, what kind of life would your child have.

Either way the father is screwed...yeah!!!

I, too, commend you for thinking of the long term best interests of this child. Potentially having a felon father popping in and out of their life would not be a good thing, not to mention being stuck with him in YOUR life forever.

It is a shame this child must be left in limbo so long. Does anyone know what the law requires when the father is not known (a rape or drunken one night stand for example?), a situation in which there is no name to pursue for a paternity test? I presume that an absent unknown father CAN have paternal rights severed SOMEHOW so that child can be adopted? Just curious, as that circumstance is one in which no father is available to have a DNA test done.

Best wishes to you.

Quite frequently I see ads in the "legals" column of our local paper that are directed to "unknown father". Some of these are for children in need of special services, some are for a petition to change the child's name. I think an unknown biodad can be summoned the same way. I'm sure this is a last resort after biodad cannot be found - if he is known.

I was in a similar stitution, only the man was not my husband. He was dead set against adoption, yet he wasn't willing to help me with prenatal care or anything (I didn't have insurance). He had just gotten out of jail and was in trouble with the law again already. He didn't try and fight it. I was scared to death he would try and come after me, I even used a fake name at the hospital, but he didn't. More than likely if he is in trouble with the law you have nothing to worry about.

P.S Good for you for trying to give your baby a better life! I have an open adoption and we get pictures and videos every year. It's great.

Seanscott said:

You want to terminate his parental rights. The rights cannot be terminated until paternity is established.

After the baby is born, ask for a DNA test on the father. Also, you might ask for child support. Eventually, he will have to come to court. If he comes to court, he gets arrested. If he refuses to take part in the hearings, he will lose by default.

He's in a rough position.

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in most states the husband is automatically the father unless he petitions the court or fights with DNA test, if he knows he is NOT the biofather... that doesnt seem to be so in this case... he is the husband and father and will not likely contest paternity... she is going to have to find him to have him sign his parental rights away..

looks to me like she will lose by default because he is the father/husband... especially if she cant find him to have him relinquish his rights.