Guardianship

[lrm216]

What is the name of your state? GA

If a bio father that has never paid support or claimed paternity of a 2 year old child and the child's mother wants to give temp guardianship over to me (her mother), why must the Probate Court have to run 3 ads in the legal section of the local newspaper for 6 weeks since we do not know the whereabouts of the father. Why does he even have the right to approve or disapprove her giving me temp guardianship. He has never done anything and only saw the child 2 times after he was born and never in the last year and a half. Guidance please, or was I misinformed. Thank you.

 

[oberauerdorf]

What is the name of your state? GA

If a bio father that has never paid support or claimed paternity of a 2 year old child and the child's mother wants to give temp guardianship over to me (her mother), why must the Probate Court have to run 3 ads in the legal section of the local newspaper for 6 weeks since we do not know the whereabouts of the father. Why does he even have the right to approve or disapprove her giving me temp guardianship. He has never done anything and only saw the child 2 times after he was born and never in the last year and a half. Guidance please, or was I misinformed. Thank you.

That damn pesky U.S. Constitution and a little thing called "Due process of Law".

 

[stealth2]

The child has a father somewhere. The only information the court has is the mother's side of the story. Reality may be quite different. He legally has the right to be notified of anything that happens with the child.

 

[nextwife]

And, there are zillions of cases in which the guy who was TOLD he was the father, was not actually the one who was. By publishing, theoretically, ANY "potential father", even if he had no prior knowledge of the existance of the child, would have the opportunity to come forward and pursue his parental rights. And yes, LOTS of guys never knew about their child existing until years later because the biomom presumed a different guy was the father and so, never told them.

I'm not saying this is the case, but since this happens regularly, there are systems in place that presume this is possible.

 

[oberauerdorf]

As the ladies have articulated so well, there are more problems with NOT doing things by the book as would show up if you allow the process to continue.

And one very peculiar case in the Wisconsin Supreme Court recently is just what I'm talking about. Although this case involved the termination of parental rights of a mother, the subsequent adoption was overturned because the COURT did not notify the mother who was 'supposed' to have abandonned the child, of the impending adoption and TPR.

Now, wouldn't you feel silly (or worse) if after three years of bonding, the father found out and filed suit to reverse the order of guardianship?

Do it right the first time.

 

[lrm216]

Thanks all for answering. Of course, I will do it as the Court wants it done, I never envisioned not doing so. I was merely asking if the info I received was, in fact, accurate. It just seems to me that until a bio father claims paternity legally and begins supporting his child (emotionally as well as financially) that he would not be worthy of such rights and privileges. But, such is our justice system.

Again - my thanks.

 

[nextwife]

" It just seems to me that until a bio father claims paternity legally and begins supporting his child (emotionally as well as financially) that he would not be worthy of such rights and privileges."

The biomom of course KNOWS for certain about her maternity. If you read the archives in this forum, you will be amazed at how many men (and the children involved) were kept in the dark about the actual paternity because biomom preferred to not have the biodad involved because she was with someone else by the time she realized the pregnancy existed. Instead they told the boyfriend of the moment (or new hubby!) that it was THEY who fathered the child. If biodad is not with the mom when pregnancy becomes obvious, they do not necessarily know. Or biomom outright lied about paternity. Or biomom "calculated wrong" and was truly confused that another guy could be the father. And if they don't know, they don't have the option of "claiming" paternity.

SOOOO, these potential fathers have rights, too.