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Can a non biological father give away his rights in new york state The child is 10 and the father is not the biological father. The real father has no rights.?
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∙ 12y ago
In New York state, a non-biological father can voluntarily give up his parental rights through a legal process called "adoption by estoppel." This allows a non-biological father who has acted as the child's father to relinquish his rights and responsibilities. However, it is recommended to consult with a family law attorney to navigate the specific circumstances of your situation.
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If the biological father is not listed on the birth certificate what rights does he have over the child in the state of Texas?
A DNA test can prove if the biological father is actually the father. If it is proven he is the father, then he should have all parental rights as any other parent.
Is there a legal form on the internet a biological father can sign to give up his rights to the mother of the child?
In the state of Illinois, a biological father cannot give up his rights to the mother, but he can sign over his rights to another male. For example, a step father
What if mom marries and moves out of state can the biological father sign over his rights and have the new husband adopt the child?
certainly
If you died would your son be taken away from his step father and step brother and returned to his biological father seeing as legally he is not my husband's baby or does marriage bring rights?
Marriage by itself does not bring custody rights to non-biological children. Where the children go when the biological mother dies depends on who has custody, whether the non-biological father has adopted the child, whether the biological father wants the child, and on the laws of the state where all of this is happening.
How long does a biological father have to claim the child before he loses his rights in the state of Louisiana?
Claims paternity over a child does not grant any rights in any state to have access to the child. It only addresses the issues of adoption. To have rights, he must file a motion with the court to be granted permission to see the child.
What if father finds out he is not the biological father and the real father wants to take rights and I am with neither?
This varies from state to state. step 1 for the bio father would be to sue for paternity; if he does so, he will establish his parental rights and may be responsible for child support as well as have visitation rights, or even be able to sue for custody.
If the biological father has no rights do you need his permission when adopting the child when marrying the biological mother?
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.
What are the custodial rights of unwed mothers in the state of Tennessee?
In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for the father). It is the responsibility of the alledged father to prove he is or is not the biological father of the child, regarding custody, visitation and/or obligation of financial support.
If a father dies without a will leaving one biological child and a step child does the biological child automatically inherit what he left behind or would it go to the state because there is no will?
In this scenario, if the father dies without a will, his estate would typically be distributed according to the laws of intestate succession in the relevant jurisdiction. In most cases, biological children would have priority in inheriting the deceased's assets over stepchildren. However, the laws can vary by state, so it's advisable to consult with a legal professional for specific guidance in this situation.
In the state of Nevada what are the rights of the biological father if not married to the mother?
Once paternity has been established: 1) pay child support; 2) have reasonable visitation
Can a father have his name added to a child's birth certificate if the mother agrees?
A child's biological father can have his name added to a child's birth certificate regardless of whether or not the mother agrees to it. If the biological father voluntarily relinquishes his parental rights and the child is legally adopted by another man, his name can be added to the birth certificate in place of the biological father.
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 and 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.ClarificationThe 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.
