TERMINATING BIOLOGICAL FATHER’S RIGHTS

by Van Den Heuvel Law Office

On a forum, an individual asked me this: “Can I terminate the Bio fathers parental rights for back child support so my husband (step-dad) can adopt my child?” My answer to that depends on many factors.

She went on to state that, “My daughter 9 years old, In those 9 years my daughter’s Bio father would go 2-3 months without seeing her or talking to her. Her bio father owes $12,000+ in back child support. My husband and I have been married for 5 years and have another child together. In the last 5 years my husband has been the one providing everything that my children have needed. While the bio father of my daughter has not. My daughter has asked me why can’t she have the same last name as we do. Is there anything I can do to have my husband adopt my daughter?”

My answer was that you can with bio-dad’s approval. Convincing him that he does not want to pay anymore child support would be a good approach (back amounts would remain, but no more monthly charges).

However, if bio-dad does not go for it, abandonment likely won’t apply and you will have to fight it out in court.  Really, at the end of the day, she should seek an experienced family law attorney to get more specific detailed advice on her situation because she will need help with the process.

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