What are the guidelines for terminating my daughters fathers rights

Asked about 1 year ago - Albany, NY

She is almost 2 years old, he is 18, he emails once every month and a half - 2 months except from April-end of September when he goes MIA for the past 2 years (summer hes always out partying, drinking, doing drugs) Hes had a job for 6 months but doesn't (and has never) paid or given her anything. hes seen her 4 times since she was born because i flew down there (were in different provinces) and drove her over there because he wouldn't even do the 10 minute drive to come see her once she was down there.`he never skypes her or calls her (all my family and friends do she LOVES to talk) she has no idea who he is. My fiance wants to adopt her but i want to know how good my chances are.

Attorney answers (4)

  1. Jean M. Mahserjian

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . If the biological father will agree, he can give up his rights and let your fiancé adopt her. If not, you should file a petition for child support.

  2. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . The father might be induced to give up the parental rights to adoption if he realizes he won't have to support the child for 19 more years. If he goes for it, have it formalized through a court proceeding, whether or not your bo will adopt the child. I suggest you wait until you and your fiancee are married before he adopts.

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  3. Jayson Lutzky

    Pro

    Contributor Level 20

    Answered . You can also ask for child support from him. If he wishes to not pay child support, you can also seek to terminate his parental rights. He may want to make a deal and allow your fiance to adopt and terminate his obligation to pay child support. Consult with a local family law attorney to review your options.

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  4. Christopher Noel Luhn

    Contributor Level 8

    Answered . It may be self-evident, but your use of the term "provinces" is a bit curious. I assume you meant "states" or, perhaps, "counties". In either case, you should file any proceedings in your county. Also, I'd suggest filing a petition for child support as soon as possible. His obligation to pay support is retroactive to the date of filing only. The longer you wait, the more he is able to avoid his obligations.

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