Can someone help calm my fears about my adoption case?

Question

I got married and my husband adopted my daughter. The bio. father still has to pay child support every month. He says that he still has all rights to see her. Can someone please tell me that he is wrong? Please tell me that he has no say over my child?

Answer 1

If his parental rights were terminated then he has no legal rights to the child even if he still has legal responsibility (child support).

Legal rights and legal responsibility are two different things.

There is an additional consideration and that is moral rights or moral responsibility.  Just because a legal document terminates his parental rights it does not prevent you from volunteering some level of openess between the biological father and your child.  Only you know if that is 'right' and/or appropriate for the child since there is an element of abuse.

Is your child old enough to voice their needs?  That child may want to know him on some level even if he has an abusive/criminal history.  Think about what is best for the child regardless of court orders.

Answer 2

I don't know.  It's really difficult for you and your family but you wouldn't want your child resenting you for keeping her father away would you?  If she discovers that Dad really tried to stay in touch and you kept him away, she might be really really angry with you some way down the line.

I'm sorry you are in such a difficult situation.  I know all mothers want to do what is best for their child.

Answer 3

Well the money he has to pay is the back child support he owes. But if you have full custody and he's still paying the support even after the back support if finished then yeah according to law he can see her. Least that's what my state says because my anut has full costody of the kids but since my uncle is paying child support on them he is allowed to see them.

Answer 4

If his rights were taken away, why is he still paying child support...arrears only maybe?  Anyway, if he has no rights, he has no rights...you could let him see your daughter, but that is your choice.  The courts decided he wasn't fit to be a daddy, it's their decision...and not one that would be overturned...I wouldn't even worry about it...if he stops paying child support report him to your local hhs department and have his wages garnished.

Answer 5

Why do you allow him to pay child support. This is wrong ,as you are letting him be a part of your daughters life,  If you really don't want him to have any contact with your daughter then stop recieving his child support pay every month, and in this way sever all contact with him.

Answer 6

If your child's biological father does not have custody, he technically has no authority to make any decisions regarding her....regardless of whether or not he is paying child support.  However, he can petition the court for visitation rights or to regain partial custody.  The outcome of such a petition would depend on how he is today in his life.  Is he stable both emotionally and financially?  Can he provide a safe environment for the child?  etc.  So I would ask myself.... is it safe for my child to go around this person?  How would it affect her emotionally?  Would knowing her biological father help her as show grows older and becomes curious about him?  If you think that it is not safe or healthy to be around him- stand your ground.

Answer 7

he pays child support so why can't he see his child you two may have bitter past but that is just it you two not them two she is not your child your are the mother and he is the father

Answer 8

when your hubby adopted the baby his rights were gone period. the back support he has to pay period. there is no visitation and stuff you need to call the police and show them the papers you all signed and get a court order against him being with in so many yards of you. that will end him and put him in jail where he apparently should go anyhow. take care.

Answer 9

I know u are in a tough situation, but I think ur daughter would like to see her father just as well... And he still has to pay child support then I think he has all rights to see her...  I am sorry, but he does have rights to see her but u probably have rights to say when and where, and if she could go anywhere with him.

Answer 10

I totally agree with the one poster that has spelled it out correctly about his rights being terminated.

If his rights are terminated, and your new husband adopted the child, that's it. Game over. He had no claim to the child once they were terminated and in they eyes of the law your new husband is her father, just as if that was of his blood line.

I'd cut all communication off with the ex. If he wants to try to get an attorney. Let him. No one will take the case because he doesn't have one. If he continues to bother or you think he is a threat to you and/or your child file a restraining order and remember to keep it up to date. You could also change your home number. Set it up through the child support division where his paycheck is garnished and you are sent a check through them so that you don't have to have any dealings with him at all.

I hope you find peace with this soon.

Answer 11

If the court has terminated his parental rights, he has absolutely no right to see her.  If he is insisting, see a lawyer and get a restraining order.

Answer 12

Well, I'm a mother of a 3 year old and her father is in jail for murder! I have sole custody.. thank God! but I hear people saying all the time to take her to the jail sooo she could see her father! but this is what i believe-----

If the father is not under the right state of mind, it will not be in the child 's best interest for the child to visit with the father.

You as the mother know your child and your childs father and can be the only one who knows the situation. You know what's best for your child!

If he is paying what he owes for the backed up 5 years, when he was in jail, that does not mean he has his right. He owes you that money from the past! When you were taking care of the child  that also belong to him!

Thats my point of view*

Your the mommy, you know best!

God bless you!

Answer 13

No, if his parental rights were terminated than he has no rights or privileges in regards to her regardless whether or not he is paying back child support.  I would contact your lawyer as soon as possible and allow him to deal with your ex.

Answer 14

if the state terminated his parental rights then he has NO rights to see her at all. And yes, even though the state took away his rights, he still has to pay child support.

Answer 15

If your husband adopted your daughter he is now her legal parent and all rights were removed from the birth father. So why does he have to pay child support. It doesn't make any sense. I adopted twin girls and their birth parents don't pay any support, so would have thought the same thing should apply in this case. You need to get legal advise.

Answer 16

If his rights were terminated regardless of how it happened it should not have any rights to your daughter. Legally he is no longer her father so he also shouldn’t have to pay child support.  I guess if he is being forced to pay support that he should have paid prior to his rights being terminated that is one thing however that still does not give him any sort of legal rights to the child.

Answer 17

Sorry to answer with a question but why does the bio father still have pay child support? Doesn't he have to surrender his rights before your husband can adopt?

Answer 18

Hi,

This is the situation:  If your new husband adopted your daughter, & the adoption is now legally final, her natural father no longer has parental rights to see her anymore.  He also has no further obligation to pay child support.

However, if he was behind in payments, that is money he owes to YOU.  A judge should have made a ruling on that at the time of the adoption.  It might be specified in your paperwork if you want to double check that.  Nevertheless, paying back child support does not entitle him to visitation.  Somebody should have explained all that to him when he originally relinquished his rights to your daughter so she could be adopted by somebody else.

Hope that helps,

julie

Answer 19

If everything is final there's little that he can do, however if it was done behind his back there's a lot he can do. he can try to overturn the ruling and even put you in jail if he can prove you falsefied documents.

If everything is on the up-n-up then he needs to just back off until your daughter wants to see him. Unless he's a bad person who can harm your daughter, you should let them have a relationship, he just won't be able to make any legal decisions for her.