What rights does bio dad have?

[skale7179]

What is the name of your state? Illinois

My brothers ex g/f is wanting to put their unborn child up for adoption. He was served with papers notifying him of this and he is suppose to file a declaration of paternity (I think thats what is was called). He would like to get custody of the child. My questions are is it possible for him to get custody once the child is born?...besides filing the declaration what else will he have to do? ANY advice would be apprecitated!!!!

 

[Kansas Courts]

He needs to get a lawyer right away, YES he can get custody, and should. If he wants custody of this child, he needs to invest everything he has in doing that right now. Including getting legal representation NOW.

 

[Kansas Courts]

I've been thinking about your situation some more, and I have some more thoughts on it for you, here they are:

He should also contact the State with the situation and assert that he is the father and wants to support the pregnant mother until the child is born. If the State deems this a good assertation, he may need to ask the State how he can support her with recorded proof for when he is ready to get custody. Make sure the State is aware of what the mother is trying to do.

Some states require that (If the mother were to claim that he did not support her when she were pregnant, then he abandoned her and the child.) he support the mother during pregnancy. I am unfamiliar with the laws in your State, but you might want to suggest he research this.

 

[skale7179]

Kansas Courts,
Thank you for your reply. Who should he contact as far as the state goes?
I know he "supports" the mother as much as he can, for example, gives he money when she asks for it and has attended a few Dr's appointments when she tells him she has them otherwise she calls most of the time to let him know she went and what the Dr. said. Since she has decided on adoption it has become lesser though.
Also we were wondering if he goes through all this and in the 72 hrs. after birth she has to chance her mind, she does so, what will/could happen then? Will all that he has done to seek custody of his child be in vain? I also should mention this will be her 3rd child and she just recently lost custody of her oldest to his father because she claimed she could not support him. Again any replies would be appreciated.

 

[Kansas Courts]

Sorry that I did not respond, I forgot to subscribe to this thread. Usually I subscribe to all the threads I have posted in, this one somehow got overlooked.

The fact that she has already lost custody to other children is a HUGE plus in his case, because the reason was she could not support them, this could easily lead to the presumption that the Parent is unfit. Do you know if she only lost custody, or if her rights were terminated? Either way, that's good, in case she does change her mind.

I'm assuming she's not comfortable with him being the one to adopt the baby?

He really should get an attorney for this situation, seriously. It's a really big deal and the attorney's notes on the situation and timing of events will be very helpful in court. An attorney will also be able to tell him how to keep everything he does on some sort of legal record (how to prove his interest and intent in the situation).

If he was served papers, he needs to get in touch with the Court who also has those papers. If she's trying to give up his child, she's trying to terminate his rights, so the state needs to appoint him an attorney if he asks for one, but he has to ask.

 

[skale7179]

The fact that she has already lost custody to other children is a HUGE plus in his case, because the reason was she could not support them, this could easily lead to the presumption that the Parent is unfit. Do you know if she only lost custody, or if her rights were terminated? Either way, that's good, in case she does change her mind.

-As far as I know she lost custody.



I'm assuming she's not comfortable with him being the one to adopt the baby?

-No she is not happy about it at all

If he was served papers, he needs to get in touch with the Court who also has those papers. If she's trying to give up his child, she's trying to terminate his rights, so the state needs to appoint him an attorney if he asks for one, but he has to ask.

-He was served with papers. Should he send those back certified just in case? There are 2 copies one goes to the court house and one goes to an attorney. Funny thing is is its in a different county than they both live in any idea why this is? We thought maybe that is where the adoption agency is....
He can get a court appointed attorney? How does he need to go about this? Will there be a reatiner for a court appointed attorney? He has not found one yet due to lack of funds for a reatainer at this time, but hes saving....BTW, thank you for all youre help!!

 

[Kansas Courts]

He was served with papers. Should he send those back certified just in case? There are 2 copies one goes to the court house and one goes to an attorney. Funny thing is is its in a different county than they both live in any idea why this is? We thought maybe that is where the adoption agency is....
He can get a court appointed attorney? How does he need to go about this? Will there be a reatiner for a court appointed attorney? He has not found one yet due to lack of funds for a reatainer at this time, but hes saving....BTW, thank you for all youre help!!

Are you serious? This Court might not even have jurisdiction anyways. That is the first thing that has to be decided.

What exactly is he sending back? He needs to be careful signing anything without an attorney to explain his rights and what he is signing.

He needs to call the Courthouse and ask the clerk these questions:

Why am I being served papers about my unborn baby from a County that neither the mother nor myself even live?

I need an attorney to represent me in this matter, I can not afford legal representation. How can I get a Court apointed attorney?

And if he's supposed to return something signed, he needs to tell them that too, that he isn't sure if he should sign them.

He may be signing an entry to appear, this could give the Court jurisdiction.

You have to be careful how you ask Court employees questions, they're not supposed to give legal advice, so you have to ask them how or where to GET legal advice, not for the legal advice itself, or they get really upset.

Let me know how it goes.

 

[BelizeBreeze]

First of all let's get back on track here with facts.

It matters not in which county the case is being heard. Jurisdiction lies with the state, not the county.

Also, Since this is an unborn child, any petition to establish paternity has to be filed and adjudicated before a custody hering can be held. That petition can be immediately filed, but the DNA test cannot occur until the birth.

Once parentage is established, then an immediate action to terminate the mother's rights can be initiated (IF you are found to be the father) under Kansas Statute No. 38-1583 .

The first step is to establishe parentage. And this will require filing an immediate response either with the help of an attorney or not.

 

[stealth2]

The first step is to establishe parentage. And this will require filing an immediate response either with the help of an attorney or not.

And almost always better WITH.

 

[nextwife]

Also,

http://www.adoptionsolutions.com/general/state laws/il_law.htm

Putative Father Registry
The Department of Children and Family Services shall establish a Putative Father Registry to determine the identity and location of a putative father in order to provide him with notice of an adoption proceeding. A putative father may register with the Department before the birth of the child or within 30 days after the birth.

Persons intending to adopt a child, a child welfare agency with permission to place a child, the mother of the child, and an attorney representing a prospective adoptive parent may access relevant putative father information. If a putative father fails to register as indicated above, he loses his right to assert an interest in the child unless he proves by clear and convincing evidence that it was impossible for him to register within the time allotted through no fault of his own and he registered within 10 days of it becoming possible.

 

[Kansas Courts]

Thank You nextwife, that was great information for the original poster on this thread.

BelizeBreeze, the original poster is not in Kansas, they are in Illinois, and County does matter if the County is out of State. In states like Illinois, Missouri, Kansas, etc., often the next County is in a different state, and often these Counties can be confused easily by each state having the same name of a county right next to each other. I advised the poster to check because they were concerned.

And Skale7179, I always recommend an attorney.

 

[Kansas Courts]

And no there is not a retainer for a court appointed attorney when the law provides you the right to one.

 

[BelizeBreeze]

BelizeBreeze, the original poster is not in Kansas, they are in Illinois, and County does matter if the County is out of State. In states like Illinois, Missouri, Kansas, etc., often the next County is in a different state, and often theose Counties can be confused easily by each state having the same name of a county right next to each other. I advised the poster to check because they were concerned.

Really? Well that's a new one on me. I guess living in Johnson County then moving to Jackson didn't teach me anything about Kansas and/or Missouri.

The fact is, my answer said simply that jurisdiction rests with the state. Or are you telling me that's wrong.

Next time know what you're talking about, or at least how to read.

 

[stealth2]

In states like Illinois, Missouri, Kansas, etc., often the next County is in a different state

Isn't this what usually happens when states abut one another? Like, a county in MA is next to a county in CT?

 

[Kansas Courts]

Next time know what you're talking about, or at least how to read.

I have been trying to be helpful to the original poster of this thread and I have read well enough to know what state they are in and to not quote them laws from a state that does not apply to them and I do know what I am talking about and I don't think I deserved that harsh response.