• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Termination of Rights.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

VirulentX

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania.
I have a little girl. She is going to be 4 in December. Three weeks after her birth, her biological father, or "sperm donor" is what I consider him. For the simple reason that he has not contributed to her welfare at all. Not a single shred of clothing, not a single diaper. He only saw her for the first 2 1/2 weeks of her life. During that time he was incredibly abusive to me, even during the pregnancy. However most of that is void due to no legal documentation. There are some documented instances where he had received harassment charges for hitting members of my family. After he left here to go back home, he has an arrest record for stabbing one of his "girlfriends" in the leg". Also random drug charges, and an extensive record for an instability with mental heath, including several hospitalizations. He hasn't paid a dime in child support, although I filed for it. Later on, he agreed to voluntarily sign a termination of his parental rights with the stipulation that I were to terminate child support. Well, after I held up my end of the bargain, naive as I was, he had another paranoid episode, where in his severe delusion, I would take him for back child support etc. I had explained the legalities, but Mr. Know-it-all dismissed everything I had to say and stuck with his ignorance and paranoia. He has also never held a job in his entire life, he is 22 years old, and still has never learned to drive, never had a permit. Basically a bum and a poor immature choice on my part. Basically that's the back story. ( Also no need to comment on my premature stupidity, I'm well aware of my horrible choices, I'm now looking for a way to mend my mistakes and give my daughter the life she deserves, without him ) He's not even interested in her. Basically he has told me, he will never give up his rights, that he wants to watch me suffer.

Currently I am with a man who has provided everything, as well as I have for my daughter. We give her everything she wants and more. She has a stable, loving life and environment. She even has a little brother now. My Fiancee has taken her in as his own. Doesn't think of her as a step-child but as his own. He shows true care and no difference in treatment, or feeling towards my daughter, even though there is no biological tie. We have provided her with top schooling, basic needs, everyday wants, pets, toys, etc everything a child needs and wants. I had went through Legal Aid a year back to try and get his rights terminated. The woman representing my case listened to my long, very detailed, and very disturbing story of her biological father. She told me that my best bet, was not here. She said that i would need to terminate rights through legal action which, MIGHT work. Depending.
My fiancee wants to adopt my daughter as his own so that she doesn't have to feel in any way different from any other siblings. So that she can have security and no longer will be at risk to the possibility of "him" coming back into her life. She already states that her last name is "fiancee's last name" She knows nothing about "him" or his name. He has never tried to contact her, I have tried to give him contact... to TRY to be the good guy. He basically refused and/or showed no interest. I gave up.

Basically my question is, from the back story, and what I've stated is her current surrounding. Will I be able to terminate rights if I found a lawyer ?(cost info would be nice but not absolutely needed ) What are my chances that this could make matters worse, and bring him into her life? What is my best course of action.
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? Pennsylvania.
I have a little girl. She is going to be 4 in December. Three weeks after her birth, her biological father, or "sperm donor" is what I consider him. For the simple reason that he has not contributed to her welfare at all. Not a single shred of clothing, not a single diaper. He only saw her for the first 2 1/2 weeks of her life. During that time he was incredibly abusive to me, even during the pregnancy. However most of that is void due to no legal documentation. There are some documented instances where he had received harassment charges for hitting members of my family. After he left here to go back home, he has an arrest record for stabbing one of his "girlfriends" in the leg". Also random drug charges, and an extensive record for an instability with mental heath, including several hospitalizations. He hasn't paid a dime in child support, although I filed for it. Later on, he agreed to voluntarily sign a termination of his parental rights with the stipulation that I were to terminate child support. Well, after I held up my end of the bargain, naive as I was, he had another paranoid episode, where in his severe delusion, I would take him for back child support etc. I had explained the legalities, but Mr. Know-it-all dismissed everything I had to say and stuck with his ignorance and paranoia. He has also never held a job in his entire life, he is 22 years old, and still has never learned to drive, never had a permit. Basically a bum and a poor immature choice on my part. Basically that's the back story. ( Also no need to comment on my premature stupidity, I'm well aware of my horrible choices, I'm now looking for a way to mend my mistakes and give my daughter the life she deserves, without him ) He's not even interested in her. Basically he has told me, he will never give up his rights, that he wants to watch me suffer.

Currently I am with a man who has provided everything, as well as I have for my daughter. We give her everything she wants and more. She has a stable, loving life and environment. She even has a little brother now. My Fiancee has taken her in as his own. Doesn't think of her as a step-child but as his own. He shows true care and no difference in treatment, or feeling towards my daughter, even though there is no biological tie. We have provided her with top schooling, basic needs, everyday wants, pets, toys, etc everything a child needs and wants. I had went through Legal Aid a year back to try and get his rights terminated. The woman representing my case listened to my long, very detailed, and very disturbing story of her biological father. She told me that my best bet, was not here. She said that i would need to terminate rights through legal action which, MIGHT work. Depending.
My fiancee wants to adopt my daughter as his own so that she doesn't have to feel in any way different from any other siblings. So that she can have security and no longer will be at risk to the possibility of "him" coming back into her life. She already states that her last name is "fiancee's last name" She knows nothing about "him" or his name. He has never tried to contact her, I have tried to give him contact... to TRY to be the good guy. He basically refused and/or showed no interest. I gave up.

Basically my question is, from the back story, and what I've stated is her current surrounding. Will I be able to terminate rights if I found a lawyer ?(cost info would be nice but not absolutely needed ) What are my chances that this could make matters worse, and bring him into her life? What is my best course of action.

Short answer: No. Not without marriage to 'current' boyfriend of a few years duration and Dad's cooperation. :cool:
 

Silverplum

Senior Member
My, you are virulent.

Your child is half *his.* Try extra-hard to keep your loathing from her.

Learn about the consequences of lying to a child about her parentage.
 

justalayman

Senior Member
She already states that her last name is "fiancee's last name"

gee, I wonder why. If you told her her last name was that of your fiance, then that is what she is going to believe. It's actually kind of a stupid statement since not even YOUR name is the same as your fiance's/. Why would you tell your child that her last name is not the same as yours but actually that of a legal stranger?
 

VirulentX

Junior Member
"Short answer: No. Not without marriage to 'current' boyfriend of a few years duration and Dad's cooperation. "




If I were to get married, after a few years I would have to beg a psycho who has ridiculous paranoia, extremely stubborn, wants nothing to do with her other than to make me miserable, just for him to say ok, you can have her. Which he never will.
Not even if I state my case with details of all of his actions, the fact that he only wants his rights to rub them in my face? He has had no contact, has not tried to contact her. He has my numbers, address, emails.... etc.
 

TheGeekess

Keeper of the Kraken
"Short answer: No. Not without marriage to 'current' boyfriend of a few years duration and Dad's cooperation. "




If I were to get married, after a few years I would have to beg a psycho who has ridiculous paranoia, extremely stubborn, wants nothing to do with her other than to make me miserable, just for him to say ok, you can have her. Which he never will.
Not even if I state my case with details of all of his actions, the fact that he only wants his rights to rub them in my face? He has had no contact, has not tried to contact her. He has my numbers, address, emails.... etc.

Not even if. :cool:
 

Silverplum

Senior Member
"Short answer: No. Not without marriage to 'current' boyfriend of a few years duration and Dad's cooperation. "


If I were to get married, after a few years I would have to beg a psycho who has ridiculous paranoia, extremely stubborn, wants nothing to do with her other than to make me miserable, just for him to say ok, you can have her. Which he never will.
Not even if I state my case with details of all of his actions, the fact that he only wants his rights to rub them in my face? He has had no contact, has not tried to contact her. He has my numbers, address, emails.... etc.

Yes. Without the drama of begging.

You picked him.
 

Proserpina

Senior Member
"Short answer: No. Not without marriage to 'current' boyfriend of a few years duration and Dad's cooperation. "




If I were to get married, after a few years I would have to beg a psycho who has ridiculous paranoia, extremely stubborn, wants nothing to do with her other than to make me miserable, just for him to say ok, you can have her. Which he never will.
Not even if I state my case with details of all of his actions, the fact that he only wants his rights to rub them in my face? He has had no contact, has not tried to contact her. He has my numbers, address, emails.... etc.



Okay, which is it?

He's either not in contact, or he's simply wanting to make you miserable.

It can't be both.

And a stepparent adoption will NOT happen unless there's actually a stepparent. Not your fiance.
 

justalayman

Senior Member
Here is what you do.

Stop trying to make the father see the child. Do make efforts to collect child support.

After you get married and a court can see a record of stability of that relationship, if the father has not contacted the child for an extended period and has made NO child support payments for an extended period, THEN you look at terminating the father's rights based on abandonment.

In other words; let the father cook his own goose while you get yourself in a position that will allow you to take advantage of it.
 

justalayman

Senior Member
We don't know if there is a legal father, a marriage, nothing.

Just an excess of virulence. :cool:




you're right, to an extent. I took this to mean she actually went through the process of seeking child support which part of should have been the establishment of paternity.

He hasn't paid a dime in child support, although I filed for it.
of course the process could have been frustrated at some tine and paternity never established. If it hasn't, OP best speak up because what she needs to do is very different that if paternity has already been established.
 

stealth2

Under the Radar Member
It is a shame you chose so poorly fr the father of your first child. However, you do not get to simply erase him from her life. And yes, he wil need to be served, and will have the opportunity to object to the adoption. Assuming, of course, that you and current dude actually marry and remain so for a period of time.

But this did make me laugh...

We have provided her with top schooling,

A three year old does not HAVE schooling, top or not. Daycare? Maybe. But not schooling. Not in any sense but someone's taught her ABCs and 123s. Sorry.
 

LdiJ

Senior Member
It is a shame you chose so poorly fr the father of your first child. However, you do not get to simply erase him from her life. And yes, he wil need to be served, and will have the opportunity to object to the adoption. Assuming, of course, that you and current dude actually marry and remain so for a period of time.

But this did make me laugh...



A three year old does not HAVE schooling, top or not. Daycare? Maybe. But not schooling. Not in any sense but someone's taught her ABCs and 123s. Sorry.

That is maybe a little over the top...just saying. My daughter attended a preschool (not daycare, purely a preschool, 3, 4 hour sessions a week) and learned a lot more than ABCs and 123s. She read very early as a result.

I agree with the rest, mom is more than a little over the top herself on this one.
 

stealth2

Under the Radar Member
That is maybe a little over the top...just saying. My daughter attended a preschool (not daycare, purely a preschool, 3, 4 hour sessions a week) and learned a lot more than ABCs and 123s. She read very early as a result.

I agree with the rest, mom is more than a little over the top herself on this one.

Okay - hyperbole. But preschool is still NOT school. My kiddos went to one of the TOP preschools in the country (think Big Bang and that will tell you where they went). It was STILL not school. Really.
 

LdiJ

Senior Member
Okay - hyperbole. But preschool is still NOT school. My kiddos went to one of the TOP preschools in the country (think Big Bang and that will tell you where they went). It was STILL not school. Really.

Ok...we are not in disagreement. I just didn't want to let people think that preschool was a total waste.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top