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My daughters biological father now wants to have rights 10 year later...

North Las Vegas, NV |

My daughters biological father now wants right s after being absent for 10 years. He has never paid one single chid support payment. He is not listed in the birth certificate. He has visited with her once. My husband wants to adopt her since he has been raising her for the past 5 years, taken care of her, and even claimed her on his taxes (for the past 3 years). Her biological fathers home is very unstable with an emotionally disturbed wife and 5 children. What are the factors I need to keep in mind? Can they gain custody if my daughter absolutely doesnt want to have anything to do with them? My daughter has been in tears at the thought of being forced to see them. Can they really force a child to spend time with them, even my daughter pleads not to be fored?

Attorney Answers 2

Posted

It is possible that he can gain some visitation rights, it all depends on a variety of factors, one of them being the particular Judge that gets assigned to the case. On the flip side you could also ask the Court to terminate his parental rights due to neglect/abandonment. Every Judge has a different standard for this also. His rights would need to be terminated for your husband to adopt unless the bio father consented to the adoption. The wishes of your daughter may matter, depending on her age/maturity. This is again a discetional thing.
I would recommend scheduling a consultation with a family law attorney to discuss your options. You may want to file to terminate his rights before he files a complaint for custody.

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2 comments

Asker

Posted

Well, the good thing is that I dont have a father listed on my daughters birth cert. He had abandoned me when I was pregnant, turned around and got another lady pregnant. To make a super long story short, he chose her because, she smoked marijuana and I didnt. I also have TPO's on them both when my daughter was a little over a year old. As this individual's wife threatened to take my daugther away. The story repeats itself now. So, technically he doesnt have rights if hes not listed as a father on her birth cert. right? Will that make it harder for them to gain custody? I also would strongly suggest a hair sample (drug test) as I know the man still smokes.

Emily M. McFarling

Emily M. McFarling

Posted

Being on the birth certificate is practically irrelevant. All he needs to do is file a complaint for paternity and custody.

Posted

I agree with my colleague.

Termination of Parental Rights is governed by NRS Chapter 128, a link to which is below.

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