HELP! I have a serious question about my daughters father signing over rights!?

Question

Ok here it is...my baby daddy has never seen my daughter. He wants to sign over rights. I am getting married and my future husband will adopt her, the biological father wants to sign over rights so we agree about that. His name is not on the birth certificate but I still want something legally binding saying he signs over all rights. If his name isnt on the birth certificate what is the process of him signing over rights? Can we just do it in a lawyers office or do we have to go to court or can we do it in front of a lawyer and the lawyer go to court? PLEASE HELP!

Answer 1

Why don't you ask a lawyer?

Answer 2

It should be a simple process involving just one lawyer for you to produce the document, and one lawyer for him to review it and advise him of what he is doing by signing it.  His paternity may need to be legally established before that happens though.

Answer 3

I have been through this exact situation. Here's the first question - did he sign any sort of Acknowledgement of Paternity? If so, then you will go through a court process to terminate his parental rights....you definitely want an attorney to help you with that process. Even if his name is not on the birth certificate, if he has signed the AoP then he's legally named the baby's father. If he has not signed anything like that, then you may have an easier route...but that is a question only an attorney can answer for you.

Some of the people who have answered so far are wrong - it is not a "simple process" where a lawyer can just type up a letter and have every one sign it.  Most courts are very conservative about just willy nilly terminating a father's rights...they will want to know why, etc. A judge will have the final say on the matter. Granted, since your ex sounds like he's never even been in her life, the judge will decide in your favor any ways.

Also, try googling "adoption laws" in your state; many times attorney web sites will have some FAQs on the matter. Do a little bit of research about it.

Good luck!

Answer 4

You need the help of a lawyer to make sure everything is alright. We

have friends that just went this same thing and they had a lawyer

every inch of the way. It prevents the father from coming back and

saying that he has changed his mind or any thing else. Good luck.

Congratulations!!!

Answer 5

He can go to an attorneys office and sign the Waiver there.  Or it can be overnighted to him and he sign it in front of a Notary and two witnesses.  You will have to call the attorney and set up the paperwork, and pay for it.  Then, depending on the state you live in, the attorney can either file it or go to court and testify in front of the judge.

Then for your fiance to adopt her, you will need to be married for a while, depending again on the state you live in.  The attorney can tell you how.  This will cost also.

Plan on spending $1000 - $3000 depending on the attorney and state.

Good luck!

Answer 6

This happened to my husband, he has a child with another woman and she wanted him to sign away his rights because she was getting married and her new husband wanted to adopt their daughter.  The best way to do this I think is to go through the proceedings for your new husband to adopt her, and they will require that he signs over his rights in order for your husband to adopt her.  It may require a lawyer, but you can easily call an adoption agency to find out what is best good luck!

Answer 7

You should hire an attorney to make sure that all the documents are done properly.  This isn't something you want coming back and biting you in the bum.

Answer 8

you will have to go to juvenile court but with all party's agreeing you will be out in no time

Answer 9

If his name isn't on the birth certificate, than technically he doesn't have any rights anyways. So you don't need to worry about it!!

Answer 10

u probably have to go through court. thats what i want to do what my babys daddy. good luck though i know i probably didn't help much!

Answer 11

Ask your lawyer.

Answer 12

I was in the same dilemma he still has to sign over rights through a court process, always let her know from the very beginning of her life that this( picture) is your biological father and this (pointing) is your dad.

My son is 21 never met his biological father but always understood!

Answer 13

well a DNA test will have to be done to decide if he is actually the father (no offense to you it's just law!!) Then if he signs over his rights her having his last name will be impossible ur husband will be allowed that right not him. By law it will be as if he is her father and her biological father never even existed. You will surely have paperwork saying that he signed over his rights and he will not be allowed to use her for taxes or have insurance taken out on her and you will not be allowed to file a child support case against him or anything legally binding him to her. Your husband is now legally her father.

Answer 14

It is not necessary to go to court since you both agree.  However, you will probably need an attorney to draw up the legal papers and make sure everything is done correctly.

Answer 15

You can do it that way if you have a lot of money to spent, if His name isn't on the birth certificate it 's not needed.He Just doesn't want to pay for the baby, not much of a man, you just go ahead and get married and be happy, your husband can go ahead and adopt the Baby, without him.

Answer 16

I love people who say "my baby daddy".

Answer 17

It actually depends upon what state you live in.  Some states allow you to terminate his rights.  However, if your future husband is going to adopt your child, you will need to contact a lawyer anyway.  He/she will serve the father with papers that give him the opportunity to contest the adoption.  If he fails to do so, then he loses his rights after a set period of time (often 30 days).  

You should go to adoptionattorneys.com and contact someone fromm that site.

Answer 18

Since the biological father's name is not on the birth certificate if you are wanting him to sign something legally binding you will need to get a paternity test to prove he is the father of your child.  Check with your attorney, but I am pretty sure a paternity test will have to be done before he can sign anything legally binding.

Answer 19

A lawyer will draw up the papers and the baby's father will have to sign them. Its a very simple process.

Answer 20

in both of your options, you mention a lawyer so start there. i'm sure that you'll need a lawyer to help get the ball rolling and file any necessary paperwork.

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Answer 21

it can all be done in a lawyers office or just as simple and probly cheeper infront of a notery public aslong as theres a seal on it when he signs over his rights to you and your future husband its all legal

Answer 22

Alright Ive been there and done this I'm in Texas mind you but i was able to take are of the issue in less than three months it took a couple trips to the lawyers office and one trip to court .My husband wasn't allowed to adopt trenten  for a yr after (sperm donor lol) signed over his rights . Please Please get a good lawyer this not going to be cheap and if some lawyer tells you it will go to another lawyer it cost me a total of about 5,000...Laws will vary by state and this why youll need a good lawyer, and be ready for the social studies that are part of this process. You  will have criminal checks run on you and ur hubby by social services etc and they will visit your home and the child's school if there in school. Good luck , it will be a pain but is worth it in the end,