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How can I prevent my child’s bio father from ever having legal rights over my child?
Asked over 2 years ago - Spokane, WA
The father of my child did not sign the paternity affidavit, his name is not on the birth certificate and we were never married. I have had no contact with him for over three years, child support enforcement has been looking for him as well without success and I have never received any child support from him. I do not believe he has any parental right but I am not sure.
Attorney answers (1)
.If you know that he is the Father, he has parental rights, but not residential rights. Back in 2001 the paternity statute was changed to give a biological father parental rights at the hospital if he signed the proper form. If that form was signed by Dad, then paternity has already been established. If not, than once a Petition for paternity (which will happen once DSHS catches up with him for failing to pay support), he can Petition the court for visitation. The only way to stop him from having any parental rights is for another to step into his shoes and adopt the child, but he would have to agree to the adoption by terminating his own parental rights
