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when do bio dads no longer have rights?

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kopes

Member
What is the name of your state? MN

My daughter's bio dad has not seen her since she was 8 months old, she is now 12 years old. He told me when I was 7 months pregnant that "this family thing isn't for me". I planned on giving her up for adoption but just couldn't. She has been my entire life. Her bio dad called me when she was 8 months old and said he was moving to California and wanted to see her before he left. I let him (he had never seen her before) and he stayed for about 30 minutes and held her for about 30 seconds during that time. Turns out he didn't go to California for over a year but he lied about everything. Keep in mind, not one cent was ever given in support during this time.

I ended up going on welfare for a little while and they tried to track him down. He called me when my daughter was about 2 1/2 years old and told me that he didn't want these people bugging him and to tell them he wasn't her father. I told them we would starve without the welfare because he didn't help and he said "that's not my problem, get them off my back". I told him to go to h*ll and hung up. Almost 10 years have gone by without a word from him. He never did get caught and has never paid a cent for support. I got a job and have taken care of us by myself.

Now, his sister (who I knew previously but not very well) tells me that he "thinks" he might like to see his daughter. At what point does a bio parent lose his right to do this? He has not seen her in 11 years and never supported her. All I've told her is that her dad wasn't ready to be a father and he felt he had to leave. I've never bad mouthed him because I didn't want her to feel bad about him. I also don't want him coming in now and claiming to be a parent. A parent doesn't abandon his child for 12 years and then decide he's ready. Is there anything I can do?
 


VeronicaGia

Senior Member
He will have to file for visitation. He still has the right to take a DNA test, and if he is indeed the father, file for visitation and/or some form of custody.

Unless a judge has terminated his parental rights, he retains his rights. A judge will not terminate his rights unless you are married and your husband is willing to adopt the child.
 

stealth2

Under the Radar Member
Unfortunately, you may now be between a rock and a hard place. The courts are very big on providing opportunities for parents to be parents. Had you moved to terminate his rights before now (and you may have had a very good shot with the length of time he hadn't been in contact (physically or via paying support). However, now it's entirely possible that as soon as you file for a TPR, he'd refuse and file for visitation.

Could well be that what you told your daughter was foreshadowing - he's now ready to be a parent.
 

LdiJ

Senior Member
kopes said:
What is the name of your state? MN

My daughter's bio dad has not seen her since she was 8 months old, she is now 12 years old. He told me when I was 7 months pregnant that "this family thing isn't for me". I planned on giving her up for adoption but just couldn't. She has been my entire life. Her bio dad called me when she was 8 months old and said he was moving to California and wanted to see her before he left. I let him (he had never seen her before) and he stayed for about 30 minutes and held her for about 30 seconds during that time. Turns out he didn't go to California for over a year but he lied about everything. Keep in mind, not one cent was ever given in support during this time.

I ended up going on welfare for a little while and they tried to track him down. He called me when my daughter was about 2 1/2 years old and told me that he didn't want these people bugging him and to tell them he wasn't her father. I told them we would starve without the welfare because he didn't help and he said "that's not my problem, get them off my back". I told him to go to h*ll and hung up. Almost 10 years have gone by without a word from him. He never did get caught and has never paid a cent for support. I got a job and have taken care of us by myself.

Now, his sister (who I knew previously but not very well) tells me that he "thinks" he might like to see his daughter. At what point does a bio parent lose his right to do this? He has not seen her in 11 years and never supported her. All I've told her is that her dad wasn't ready to be a father and he felt he had to leave. I've never bad mouthed him because I didn't want her to feel bad about him. I also don't want him coming in now and claiming to be a parent. A parent doesn't abandon his child for 12 years and then decide he's ready. Is there anything I can do?
Don't allow him to see her unless he takes it to court to establish paternity and visitation. You will then be able to nail him on the child support issue as well. There is a slight chance (very slight) that the judge would give your child's wishes some weight in deciding visitation however its almost guaranteed that if he filed he would get some form of visitation.

Personally, I doubt he will even try if he has to go to court.
 

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