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How do.i get a non custodial parent to.sign his rights away so that.children adopted by there stepfather.

Idaho Falls, ID |

I am.wondering how or what i need to have non.custodial parents rights signed away . re married and my husband is wanting to.adopt my.daughters .The non.custodial parent had not seen or made any attempt to see or contact.them in 5 years when he has contacted them via Facebook very negative i have saved all messages he also refuses to pay.child support at one point said he would now says he won't.he goes back and forth depending.on his mood . I reside in.Idaho.and.non.custodial.parent.Oregon.

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Attorney answers 2


The permission of the non-custodial parent is not needed for termination of rights. However, this is definitely not a DIY project. If you can prove there has been no contact nor support for at least one year (and he has no basis to claim that you have hidden the child or interfered with his contact) then an Idaho court can find he has abandoned the child. Because he lives in another state, a special procedure is needed to effect servivce of process on him.

Your needs will be best met by retaining an experienced family law practitioner in your town so the termination is done properly, the adoption is completed, and a correct amended birth certificate is issued.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.



Thank you very much this was extremely helpful


Follow Ms. Sinclair's advice. Essentially, you will need to petition the Idaho court to nullfiy the father's parental rights based upon abandonment and also have your present husband peition the court to become your daughters' adoptive parent. Good luck.