No paternity test ever done. he has been permanantely removed from the US but I have means of contacting him so I cant claim abandonment. My new husband wants to adopt him so I want to get his real dad off. Any ideas?
Child Custody Lawyer
In your case there is no need to have the biological father's name removed from the birth certificate. The name on the birth certificate only indicates that he is the biological father. There must be a court order to remove the father's name from the certificate. It is not likely that the court would remove the father's name because he IS the child's biological father.
If your new husband wants to adopt the child the biological father's parental rights would have to be terminated. To terminate the rights you could file a petition claiming abandonment. failure to maintain a normal parental relationship with the child without just cause for a period of six months constitutes abandonment.
There must also be clear and convincing evidence of intentional conduct on the part of the parent that demonstrates intent to forego all parental duties and relinquish all parental claims. It can be established if the parent has not had contact with the child and provided no support for 6 months. It does not matter if there are means of contacting him.
Once the biological father's rights have been terminated your husband can start the adoption proceedings.
Good luck. If you need assistance with this or any legal matter you can schedule a free initial consultation with one of our attorneys.
"** This response is provided as general information only and does not constitute legal advice or
otherwise establish an attorney client relationship. ** "