I have a PFA against my daughters biological father for both of us for 3 years. He as done absolutely nothing for her she is now 3. She does not know who he is, she knows My boyfriend as her father. He was in her life only because he lived with me. When i asked him to move out (she was 13 mo.) he never called i called him every time for him to see her. She saw him twice for a total of 20 mins. He does not care about her at all. Has not bathed clothed nor changed a diaper or played with her for that matter. I do not need him Messing with her head when shes older and he wants to try and play dad. Please help.
Debt Collection Attorney
You can't. Not like that, anyway.
First, it is the child's right to his or her parents as much as the parent's right to his children which is at stake, and the law does not permit one parent to unilaterally revoke the parental rights of the other parent (or his or her own, for that matter).
Bearing that in mind, parental rights may be terminated (1) by the state, following a minimum of 18 months of CYS supervision, or (2) by the other parent IF there is a putative adoptive parent waiting in the wings. Under the latter scenario, the parent who stands to lose his parental rights has an opportunity to object to the adoption (and consequent termination).
But where there are two living parents, the law requires two living parents. Custody court and child support are your best bet.
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Family Law Attorney
If you and your boyfriend get married and the father continues to be absent and your new husband wants to adopt the child, you will be a position to file a Petition to terminate his parental rights. The court will not terminate his rights without a simultaneous adoption. You will need to meet with an attorney to prepare the paperwork.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
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Lawsuit / Dispute Attorney
You don't have a "right" to have another parents custodial rights terminated due to being an absentee parent. A court in some circumstances may terminate rights, but as the other attorneys have noted, it would require an adoptive parent and it can be challenged by the biological parent. Your child's emotional confusion is a valid concern, perhaps you can preempt any later problems with counseling
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