If a biological father is not determined and the child is adopted by another man through the court can paternity be determined at 6 years of age and would the biological father have any rights left?
By Canadian Law if the mother of the child purposely did not contact the biological father and she married and her husband adopted the child and the biological father found out then yes, he can take you to court. If he can prove he's reliable, holds down a good job, is not into drugs and contributes to society then yes, he can have some rights. It will take a court of law and two lawyers to fight this one. The bottom line is ... "What is good for the child?"
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Can a father simply sign over his parental rights in Ontario Canada or must the child be adopted by another man in the biological mother's life?
Answer . You can sign over the rights to your child to the mother herself. \n. \nBefore you do this realize what you are doing. Your child needs to know who their father is. You may not feel this is important right now, but to that child YOU will always be their father. If your girlfriend/w…ife is seeing another man and they should live together or get married, you have every right to see your child by the order of a Custody Hearing (such as: once each weekend, summer vacation and certain holidays.) The only reason you should give up your rights to custody is:\n. \nAbuse of alcohol or drugs\nNot psychologically capable of this responsibility\nRefusing to pay child support\nSimply not wanting to be in your child's life. (be real sure of this one!)\n. \nI would like to add that just because you have partial custody of your child does not tie you down from moving where you choose to move and you only have to see your child once a week and not even on holidays if this is your wish. All that should be expected from you is to be part of your child's life to let them know you love them. If you make a promise to do something with them then keep your promise! This child is part of who you are!\n. \nMarcy (MORE)
If your son's biological father has never seen him or talked to him and has not paid child support does he have any legal rights to him after 9 years?
Answer . No! It's to your advantage to take this to court. You want to have it on paper. I don't think much of mothers and fathers (married or not) who ditch their kids, and he doesn't deserve to see this child. However, you have to ask yourself if your child would benefit from knowing his/he…r father (most kids want to know because there is an empty void left inside of them and they need to fill that up). People do change. You could meet with the father and simply size the guy up and if you feel he has matured and changed for the better then perhaps it would be a good thing to let your child know his/her father. Still, you can have sole custody and let him have visitation rights at your own descretion.\n. \nGood luck\nMarcy (MORE)
If a child was adopted by another man and now wants to live with the biological father what rights does the biological father have?
\n. \n Answer \n. \nNone. The biological father has lost all rights when the new father adopted the child.
Can a man who has been a father for five years lose his parental rights if he is not the biological father?
Answer . \nUnfortunately the law does not recognize a man or woman to be granted a parental rights even though they have taken it upon themselves to raise and nurture a child. Marrying someone with a child(ren) does not automatically confer the new spouse any legal rights concerning the child(re…n). The law only recognizes such rights as belonging solely to a biological or adopter parent(s) or a legally appointed guardian. (MORE)
Does a biological father have any custodial rights if his name is not on the birth certificate and the mother was married to another man at the time of birth?
Answer . \nYes, get a blood test and prove it. Answer . No. \n. \nWhat is your motivation? Are you trying to destroy a marriage? Have you done anything to support your child? Given money to pay for medical or provided other resources?\n. \nIf the other guy is ACTING like a parent, maybe y…ou should just stay out of it.\n. \n. \n Answer \n. \nThe biology of a child is not relevent if the child is born to a married woman who resides with her husband. In such cases the "husband rule" applies, meaning the husband is assumed to be the legal father and the court will not allow anyone to intrude into the marriage nor will it allow genetic (paternity) testing to be done. \n. \nThe only exception is, if the biological father can prove beyond a doubt that the woman did not have an opportunity to engage in sexual relations with her husband during the time the child was conceived. (MORE)
Is there a form for the State of Colorado that a father can fill out to relinquish his rights to his biological child without going through the courts?
Answer . \nNo, all request for the termination of parental rights regardless of the state of residency, must be done through the proper court procedure. All states have specific requirements that must be met before the a TPR is granted. Even if all the proper documentation is submitted the final… decision is made by the judge relating to what is in the best interest of the child, not the preference of either parent or interested party. \n. \nIn most states a judge has the power to restrict parental rights yet order support payments. Also, a judge can order the parent requesting a TPR to place a specific amount of money into a trust fund for the minor child or children with the fund being under the control of the court via a Guardian Ad Litem. (MORE)
Does a 3 year old child's biological father have any rights if he is not on birth certificate or any other document but the mother has abandoned the child with him?
Yes. provide details to court that you belive child to be your. Example sexual relationship at that time of conception, livig together ect. Then request a DNA test to establish paternity. go from there.
Do biological children have any rights to the house of their deceased father if the deed to the house was transferred to their adopted brother years ago in lieu of child support.?
Answer . \nNo,surviving family members would have no legal claim to such property if the transferring of title was made while the owner was of sound mind was done in accordance to the laws of the state where the property is located. \n. \nThe reasons for the action being taken and the fact tha…t the person was not a biological child is not relevant. (MORE)
Do the biological paternal grandparents have visitation rights after a child has been adopted in Ohio?
Answer . \nAllowing such visitation would be totally at the discretion of the adopting parents.\n. \nThere is not a law that would force them to allow any relatives of the adopted child to continue a relationship.\n. \nGrandparents as does any person that can is considered an "interested party…" have the option to file for guardianship or adoption of the child if they so choose. (MORE)
Is a child who was adopted after the biological father signed over parental rights entitled to any of the biological father's estate?
Answer . \nOnly if the child is named in the deceased's Will.\n. \nHe or she would not be entitled to an inheritance by way of state probate succession laws.
Does the biological father have to pay any future child support payments if the mother marries another man?
FUTURE CHILD SUPPORT PAYMENTS yes he has to pay child support payments as long as he is told todoso by the courts.now if the new husband gives your child his name and the biological father agrees tosign his rights over he will not have to payany child support payments ,but as long as he hasn't sign…ed his rights away you can get married and still get your child child support payments.both parents has to agree to have one parent give up their partenal rights. (MORE)
Would the Florida authorities force a 17 year old child to return to biological mother if the child left home to live with the biological father and she will be 18 in 7 weeks?
Answer . Probably not, since it would take 7 weeks to go thru the paperwork. However, if there is a protective order, or \nsome other kind of condition involved, then it gets complicated.
What rights does paternal father have to take son out of abusive household with the biological mother and stepfather and keeping the child away from the paternal mother.?
Answer . There are two ways you can do this. In Canada we call it "Child Welfare." Make an appointment with them and they'll help you out. They may make a surprise visit to the home where your son is living (make sure they do). If Children's Welfare isn't happy with the environment your son …is in then this will help your case (after you retain a lawyer) in court.\n. \nGood luck! (MORE)
Answer . The biological father would not need to adopt his own child.. He would petition the court for full custody of the minor child and assuming the court deemed him fit for parenting he would become the sole custodian.
If a father signs his rights away and allows another man to adopt his child does the biological father still have to pay the back child support?
That depends, on a couple of things. First is any money owed to the state, if you received state assistance the state will require to be paid back some of the funds. Second, if there is no court order in effect that states the back support could be nulled then he still owes. This answer above is… correct, but to make it a little more understandable I wanted to add that my husband just legally adopted my daughter from my first marriage. My ex had not contacted her for more than 6 months and had nothing to do with her, so he couldn't contest the adoption. He is no longer liable for current child support, but still owes all the back child support. They will still collect his tax returns or any other moneys he is due like paycheck with holding. (MORE)
Can a husband get paternity when the biological father gives up rights when child is under 1 year old by just getting a new birth certificate?
This is really confusing, can you reword it. If the biological father is giving up his rights, he's the only one who will be positive as a father for the said child in a paternity test. A new birth certificate, isn't the real birth certificate. Even if its a legal one, the child deserves to know w…ho his / her biological parent is, even if he's chosen not to be in the child's life. In a step parent adoption, an amended birth certificate is issued. In all adoptions the original birth certificate is sealed and an amended birth certificate is issued with the new legal parents names. (MORE)
It all depends on what is his status.For example-if the NBF was married to the mother before a child was born he is presumed to be the father and there is no need to adopt the child.. In the other hand if there is a bio-father it is required to ask him to relinquish his rights.
The biological father has the right to pursue custody of the child if you do not want this. In most cases, failure to notify the biological father could derail later adoption plans (which could be traumatic to the child) if he finds out. If you are not interested in raising the child, you still have… an obligation to inform the biological father and see if he wants to raise the child. If he consents, you can still place the child for adoption. In any case, you should consult with a lawyer, someone at social services, or someone at the hospital where you will deliver the baby to find out what the laws and procedures are where you live. (MORE)
I think that a paper with a signature should not be powerful enough to separate a creature from its creator. In this case, a father and an offspring. Legally, the father of that child is the person that signed the birth certificate, so no, the biological father does not have a right. Although, if yo…u can get some type of blood test, then with the results you might have a chance to fight it off in court! (MORE)
Would you be able to file a termination of rights of the father if there is another man who wants to adopt your child even if your child considers the man her father but knows biologically he is not?
Most likely all though if the child is over the age of 14 it would be extremely dificult or impossible
If a man signed an affidavit claiming a child as his at birth can the biological father take a DNA test that would take the alleged father's rights away and give the biological father full rights?
Too many questions still unanswered to provide you with an answer. How old is the child? Has the "legal" dad been there full time, from day one, caring and nuturing this child and providing for it's support. What was it that prompted the "bio" dad to suddenly come to the realization that he wanted t…o be part of this child's life.. It may not be so easy for "bio" dad to gain a foothold into the child's life. But it will happen over time, so try to put a good spin on it, for the child's sake. (MORE)
After a child is legally adopted by his stepfather can a biological father claim any rights to the child?
A child can only have two legal guardians, meaning the biologicalfather would have to either give up his rights voluntarily or losethem through the court system in order for the stepfather to adoptthe child.
If the biological father wants to give up his rights and I have a male friend that has been financially and emotionally support the child for years can he adopt the children?
You would have to check the law in your state. Many states will allow this type of adoption. I know that California allows this type of adoption.
You were adopted into a poor family in Ireland 65 years your biological mother is landed gentry with an estate worth 6 million do you have any rights as the only biological child from that family?
You may have rights. However, it sounds like you should invest in an attorney to determine what those rights might be. There is usually a statutory period during which an omitted heir must make a claim so you should act with no further dealy.
If a paternity test proves that a man is not the biological father of a child are his right taken away?
Until paternity is established an unmarried male has no legal rights to a minor child.. In such a case as cited, the man in question could only be involved in the child's life if the biological parent(s) agreed.
Does the biologically children have a right to any property left by the deceased spouse of their father?
Assuming that deceased spouse is not the biological parent of the children they would inherit from her estate only if she had legally adopted them. You can check the laws of intestacy in your state at the related question link below.
Do the biological paternal grandparents have visitation rights after a child has been adopted in Texas?
If the parents' rights have been terminated either by the court or voluntarily, and the child has been adopted, then the biological grandparents connection has also been severed and they can't seek access/visitation. However, there may be standing to intervene in the determination of custody BEFORE …adoption has occurred. The only time grandparents are allowed to file suit for visitation is when there is a current, open suit for custody. Visitation is voluntary on the part of the adoptive parents if they believe that it is in the best interest of the child(ren). (MORE)
There is no need to demand a paternity test. Just buy a test in the privacy and comfort of your home. Results are returned in five to seven days after the sample is submitted to an AABB lab.
Child is raised by man for 6 years and not biological fathere does he still pay child support after child is returned to mothers custody?
Yes, dependent on two factors. . In 30 states, where the child has developed a father/child relationship; or. In 20 states where once the man has begun taking financial responsibility for a child, he is obligated to continue that responsibility, regardless of Paternity.. In Missouri, you have tw…o years to challenge responsibility, in accordance with a law passed July 3rd. In January, the Kansas Legislature turned down any law allowing a man to discontinue responsibility, even if he's never had contact with the non-biological child.. See link (MORE)
If the biological father has rights do you need his permission when adopting the child when marrying the biological mother?
You cannot adopt a child if the father still has legal rights over that child. The father would have to sign the child over to you. that is the only way you could adopt the child. marriage has nothing to do with it.
If your sons biological father has never seen him and does pay child support does he have any rights?
absolutly, he has more rights than a step father because he is the child's biological father, he has a right to see the child if he so chooses unless the court forbids it. everyone has rights nowadays, siblings have rights, counsins, aunts and uncles even grandparents.
If a father does NOT know he has a child and the child is placed upfor adoption without his knowledge or without him signing away hisrights, he does have a right to the child.
If another man signs your child's birth certificate does the biological father have any legal rights to that child?
You did not indicate if you're married. In Michigan and quite a few other states, if you are Married at the time of the birth of the child..the Man who you are married to is legally the father !! If the Biological father had no idea about the child's existence, or if you're just trying to cut him ou…t of the Child's life, he does, in fact, still have legal rights. If he takes a DNA test and is found to be the Bio father, then he is entitled to quite a few legal rights. (MORE)
If a 36 year old determines the biological father by a paternity test. can 36 year old collect back child support payments.?
Typically, this action would have had to have been filed prior to the child's 18th birthday. . It should be noted that a number of these cases have cause major breakdowns in the relationship with the mother when an adult child seeks to recover child support they believed they are owed, only to lear…n the father had already paid it while the mother claimed she never got any. (MORE)
Single fathers have none until granted them by a court, which has to approve removing them.
No, in order to have a step parent adoption, the birth father's parental rights must be permanently terminated.
Court date coming up to determine paternity for a 9 year old boy if you are the father if you apply for custody will you still have to pay child support while going through custody battle?
You will probably have to pay child support until the decision is made and the court decides what to do. That means you pay until there is a court order saying you no longer pay. Court orders do not necessarily make sense but they are the law.
You need to see a lawyer. Look for "Legal Aid" in your state as they offer free or low-cost legal advice. If someone is the "biological" father, he doesn't adopt the child, it is his child. He is legally obligated (in the USA) to provide support (money) for the child's needs. The only exception is …if the mother was married to another man at the time of the birth, then legally the husband is considered the baby's father (even if everyone knows and admits that the other man is the baby's biological father). If you're asking whether the biological father can be forced to take care of the child in his own house, the answer is "no" he can give up his parental rights to the child. If you're asking whether the biological father can take the child away from the mother and her boyfriend/husband, the answer is "maybe" if he can PROVE to a court that the baby's mother is unfit and he (the biological father) is a better parent. If the father WANTS to be involved in the baby's life even though the mother has a new boyfriend/husband, the father MUST be allowed to have visitation with his child. Not allowing him to see the child may cause the courts to consider the mother not fit to raise the child. Again, GET LEGAL ADVICE from a lawyer. (MORE)
If a man signs the birth certificate and has been there since the birth of the child and find out 6 years later that he isn't the biological father what rights does he have to the child?
If you're in the US, he has the same rights as any other father, because he is the legal father (biological is irrelevant at this point).
If a married woman has a child by another man how can the biological father obtain his rights if the mother refuses to cooperate?
I suggest you file a motion in court to declare the existence of father/child relationship. Be prepared to pay child support and confront a very angry husband!
If you're in the US, in order for the child to be adopted his parental rights had to be terminated. Once that's done, he's no longer responsible for paying future child support. But if he owes back child support, that still has to be paid.
While the biological father's consent is usually required, there are sometimes extenuating circumstances in which the stepfather can adopt without his consent. For example, if the father has had no contact with the child in years, if the father's address is unknown, if the father has been proven to …be abusive to the child, etc. But even in cases such as these, a lot of it varies from one state to another, as well as how the case is presented, etc. There are just too many variables involved to give a "yes" or "no" answer. I would advise consulting an attorney on this. Quite often, many attorneys don't even charge for an initial consulting fee, so you may be able to get the information you need without having to pay for it if money is a concern. (MORE)
Do the biological paternal grandparents have visitation rights after a child has been adopted in Massachusetts?
Only if the adoptive parents agree to it or if the grandparents have a court order.
Yes, adoption terminates the parent child relationship of the biological father, so unless the biological father had a will, the child is not legally his child.
yes you can contact your biological father, you have every right some families dont want their kids to contact the biological parents but the choice it all yours
Contact a family lawyer he should be able to tell you the process. I do know it would help if you married her first to show a stable family to the courts.
Yes as long as the stepfather and mother are married for a year and if everyone in the equation agrees to the adopting.
Yes, there are step parents who adopt their partners child but first the biological father have to give up his parental rights to the child or they have to be taken away by the court. Then you can apply for adoption.
Does the biological father of a child have any rights to a child if birth mother and presumed birth father put child up for adoption?
Yes. The child cannot be put up for adoption unless both biological parents give up their parental rights so unless you have done that the child can not be adopted unless the court strip you of your parental rights. Her boyfriend or "birth father" as you call him, has no rights to the child at all a…nd can not put the child up for adoption. If you have not established paternity in court and got your name on the birth certificate I suggest you hurry up because before that is done you have no rights. Get a lawyer. Clarification The presumed father is the person that the law presumes to be the legal father of a child until some legal action is taken to prove otherwise. The husband of a woman who gives birth to a child by another man is the 'presumed father' unless the other man is legally determined to be the child's biological father. A man who is named as the child's father on the birth certificate by his consent is the presumed father even if he is not the biological father. State laws vary regarding presumed father status. If there is a presumed father that may mean the biological father has not stepped up to the plate to confirm his paternity. He has no parental rights until he establishes his paternity legally. That would halt the adoption if done in a timely manner. This would be a complicated situation and you should obtain legal advice from an attorney who specializes in custody and adoption issues. (MORE)
When the child reaches 18 they can do what they want and you just have to tell them you are not interested. This is what can happen with adoption for instance. There is no law prohibiting the contact. At least so you can say no. If the child then proceeds to contact you after you have said no you ne…ed to alert the parents since they are responsible until the child is 18. If the child continues after 18 and you have said no you can get a restraining order. Communication is always the best though. (MORE)