Anyone Know Anything About Severing Parental Rights?

Updated on May 29, 2007
M.S. asks from Columbus, OH
7 answers

My daughter's father is not active in her life at all. In fact, I don't know where he is living, nor does he have a phone, so I have no way of contacting him, and he never calls. His mother is also not active in my daughter's life. The only contribution he makes is court ordered child support, and that is barely anything. He once complained about that, so I asked him to sign over his rights, which I would gladly have him do in exchange for the measly amount of money my daughter receives. Of course, he refused saying he wasn't giving up his child, yet he has nothing to do with her. My question is this, if I formally file something to have his rights terminated, and the courts can't find him, what can I do? What if down the road I meet a man and he wants to adopt my daughter, how can I go about this if they can't locate him? If anyone has any info., please let me know. Thanks!

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D.A.

answers from Cincinnati on

M., there is a wealth of good advice here and I hope it helps. The only thing I wanted to contribute is that if you are in fact getting support, "measly" or otherwise, someone knows where he is even if you do not. This really isn't about whether or not he is involved; he has a financial responsibility if nothing else. If down the road someone new in your life wants to adopt her, look into it then. Good luck! :)

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C.B.

answers from Toledo on

I will tell you from my own personal experience. I was told by the court system that in order to have a parent sign away parental rights would mean that you would need someone that would be willing to take over the rights of raising that child in other words at the time my fiance was willing to do so. The professional told me that even so doesnt mean that they will terminate his rights. Alot of men will think that they can do so and not pay child support but that in some cases doesnt happen. They will also look at you as well and ask you if you've allowed the father contact? Its not an easy solution. Believe me its frustrating. My son's father has only seen him 3 times in his whole 6 yrs. He pays child support which of course doesnt even pay for dayacre each week. I have wanted to terminate his rights in order to protect my son. (his father has mental illness now) To make a long story short I am grateful that he doesnt have the desire to see my son.
Its difficult being a single parent at times especially when at times you feel all alone...........
Christy

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T.D.

answers from Columbus on

My husband recently adopted my now 15yr. old daughter. We've been married 4 yrs. he courted me 4yrs.prior. So our children have grown up pretty much together. I didn't have a recent address or employer for her bio dad but I did have his Social Security number and DOB. It's preety cheap to do an internet search with this little bit of info. We found a couple of addresses and let the courts serve him with the papers. If they had not of found him, the courts are required to run a classified ad in search for him for several weeks in the local papers. If no response then the proceedings go on without him. The ad is pricey so try using the cheapest resources first if you can. Best wishes in this endeavor if you really feel this is in the best interest of your daughter.

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M.W.

answers from Toledo on

hello,

I am not sure so contact a lawer and see but i think if the courts cant find him and you have a court date and he is a no show then they sign over all rights.... but again i am no lawer so contact one just to ask your questions

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J.J.

answers from Columbus on

I am in the Franklin County legal system. I tried to do this 3.5 years ago. I was not married to my little guy's dad and was getting a retraining order against him. He said he would agree, but we were told the courts would not do that for it is far better to have the order of support and not see the baby, then to sever rights. The theory was if I ever needed assistance, through welfare I believe, that they would want to be able to go after dad instead of having no route to collect funds and just give it to my family. They would not even discuss it. I had a really great paying job so I believe it was just advice/lecture/whatever they give everyone. Now, 3.5 years later, he has not paid the mandated support. I have no idea where he lives, as fars as the courts know when they run a Social Security check, he is not working, has not filed taxes, and most likely is working under the table. He has the restraining order in place for another 4 years and 4 months, so now what? It changed nothing. My attorney told me that is very unlikely that they will do it,severe the rights, but with a lot of persistance it could happen. I guess, I am just at a place where I am not that interested in it until I find that I am going to get married and we agree he will adopt if it is not contested. Until then, it is not worth the fight. I am finishing college (have two year, getting 4 year) and I will be done by the time the restraining order is up. I plan to move out of state for my PhD and then he won't be able to see him anyway. I am just moving on with my life. If I do get married, and he does want to adopt, then I will do what I can, but if my ex refuses, then so be it. Really the husband will be dad in heart and spirit anyway. I will say that my cousin's had a father like that, their mom remarried and when the kids were 18, he adopted them for formality. They have always said that is their dad anyway. So I guess, no matter what happens, you make a life for yourself, your child, and just keep going. Life is how you spend it, make is a great one with your kids no matter what.

Good luck and if you find out any updated information, will you let me know?

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J.

answers from Cincinnati on

I am the second wife of a so called dead beat dad. My husband loves his all his children and was unable to see the children from his first marriage. He was legally allowed to but his x made it impossible including tellling the children if they saw there father (which she forced them to call him by his firat name, and they had to call any current boy friend dad) they were to scream, run and yell for 911. She had then isolated out in the country no one would have heard them scream. Even though he never attempted to see them with her knowing.

Eventually she coersed him into signing papers. Her current husband insisted on it. Fast forward 12 years. 2 she sent into the foster care system, because they were unrully. One graduated early to go into the service, he got out early due to depression and alcoholism. Obviously she was a wonderful mother and should have had sole custody of the children. Did I mention the oldest could not read and she did nothing to help him learn.

My husband is an awesome father to our children and would love nothing more than to be an active part of his older childrens lives. They are very slowly building a realtionship, but we can not undue the hurt they felt, the wrong that was done to them or the time they missed.

I know nothing about your son's father. But please know there are always two sides of every story. Or as a group from the 80's wrote "there are three sides to every story, your's mine and the cold hard truth" I just ask that you look deeply into your heart and think what is best in the long run for your child, not what seems best right now for you.

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S.R.

answers from Toledo on

Hello M.. In the State of Ohio you can only have a parent's name removed from a birth certificate if there is another person willing to have their name put on it. This is because the State does not want children without a parent. Now, a parent's parental rights are severed often when a parent is abbusive and the state takes custody or someone else is given gardianship. So, if you want your daughter's father removed from her birth records and his rights severed solely because he has no interest in being her father, I don't think it is a good idea for several reasons. Most importantly, if he is not harming her I don't personally see the reason. (Now I realize she hurts b/c she doesn't see him or know him, but I mean abusive) When your daughter is an adult and looks back on her childhood, she will know that you did NOT bad mouth her dad or prevent her from seeing him. In the future, if you get married and your husband wants to legally adopt your daughter, then I would look into going to court to have that happen. Also, if the Court can not find him I do not believe they would severe his rights. Best of luck!

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