How can I get parental rights terminated if the father is not on the certificate? 25 Answers as of January 08, 2012

My son is 3 weeks old and his father isn't on the birth certificate. I want to get his parental rights terminated.

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Steven Harrell, Attorney at Law | Waymon Steven Harrell
If you were never married to the child's father, he presently has no parental rights. He would be required to file a legitimation action in Superior Court in order to obtain parental rights to this child.
Answer Applies to: Georgia
Replied: 1/8/2012
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Just because he is not on the birth certificate he can petition the court for visitation and be a part of the child's life. To terminate his rights you need someone to become the father and have that person adopt the child. The bio father needs to know about the adoption and might not agree. Birth Certificate is not a legal document. Mother can put anyone on the certificate or no one .
Answer Applies to: California
Replied: 1/8/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You have to file a motion to terminate his parental rights. Now, if the child is three months old this might be hard. You should consult an attorney but there might not be enough history between the father and the child for the court to end his parental rights.
Answer Applies to: California
Replied: 1/6/2012
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Whether the biological father's name is on the birth certificate is not crucial. What matters is whether a paternity order was entered by a court or you and the father signed an affidavit of parentage.
Answer Applies to: Michigan
Replied: 1/6/2012
Meriwether & Tharp LLC
Meriwether & Tharp LLC | Patrick Meriwether
If you are not married and the father is not on the birth certificate, the father has no rights in Georgia so there is nothing to terminate. The father has to file a Legitimation action and ask a Court to grant him rights. It would be at this point where you would contest the granting of the Legitimation.
Answer Applies to: Georgia
Replied: 1/6/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You can't. The right to be supported belongs to the child and you have no authority to seek to terminate that.
    Answer Applies to: Georgia
    Replied: 1/6/2012
    The Law Offices of Laura A. Walker | Laura A. Walker
    He doesn't have any rights if he isn't named the father on the birth certificate. He would have to petition the court for paternity to have rights.
    Answer Applies to: Wisconsin
    Replied: 1/6/2012
    Ezim Law Firm | Dean Esposito
    In Louisiana, he has no rights to visitation or to support the child until he proves paternity- that he is the father. He would need a court order or judgment declaring him to be the father before he has parental rights. Based on your question detail, he presently does not have parental rights to your child.
    Answer Applies to: Louisiana
    Replied: 1/6/2012
    Peyton and Associates | Barbara Peyton
    In order to get parental rights terminated, you must show that father hasn't seen or supported the child for at least one year.
    Answer Applies to: California
    Replied: 1/5/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    If the father wasn't married to you, isn't on the birth certificate and has not filed legitimation papers, he has no parental rights to custody or visitation.
    Answer Applies to: Georgia
    Replied: 1/5/2012
    Neighborhood Law Office, P.C.
    Neighborhood Law Office, P.C. | Jim Underhill
    There are not enough facts in your question to give you a precise answer. However, terminating parental rights is very, very difficult. Usually it cannot be done unless the father is either incarcerated for a very long time, or there are other facts about the father that make him a danger to the children. What is done in Colorado is to determine (1) the primary custodial parent, and (2) the parenting time for both parents. Parenting time can be limited, supervised or otherwise restricted if appropriate. Like many attorneys we will sit down and review the bills, the letters and your situation with you without charge. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.
    Answer Applies to: Colorado
    Replied: 1/5/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can't. Children are entitled to a father and a mother. If the father doesn't know he has a child, the closest that you can come to terminatinghis parental rights at this time would be by keeping him in a state of ignorance. If the father knows he has a child and has access to his child, yet makes no effort to contact or support his child for a period of at least one year, it may be possible to terminate his parental rightsin a stepparent adoption.
    Answer Applies to: California
    Replied: 1/5/2012
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You must be new to this list. In Ohio, the "father" of a child born to an unmarried mother has no rights unless and until the juvenile court grants them. Please discuss this with a domestic relations attorney near you.
    Answer Applies to: Ohio
    Replied: 1/5/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Find someone to adopt the child and take responsibility for the child.
    Answer Applies to: Washington
    Replied: 1/5/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It does not appear that the "father" yet has any rights to be terminated. If you are not married, there is no "legal father" until a court determines who that is and, until then, there isn't really much need to take the initiative. If the "father" desires to assert what he believes are his "rights", you are fully empowered to deny him any access to the child until such time as he takes the initiative to being a paternity case that will decide if he is the father and, if so, what specific rights he should have.
    Answer Applies to: Colorado
    Replied: 1/5/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you aren't married and he hasn't signed a voluntary declaration of paternity, then there are no rights to terminate.
    Answer Applies to: California
    Replied: 1/5/2012
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    If he isn't on the birth certificate and he hasn't been adjudicated the father in court, he has no rights to terminate.
    Answer Applies to: Wisconsin
    Replied: 1/5/2012
    Attorney at Law | Ruchee Patel
    If the father is not on the birth certificate, then he doesn't have parental rights. You can't terminate them until he is given notice and opportunity to claim his rights.
    Answer Applies to: Tennessee
    Replied: 1/5/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    Depends on whether or not you are married. If you are not married he has no parental rights until paternity is established.
    Answer Applies to: Missouri
    Replied: 1/5/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You cannot unilaterally terminate the bio dads parenting rights unless you have another person willing to step into the parenting role. The child has a right to have a relationship with both parents unless the parenting relationship us harmful to the child.
    Answer Applies to: California
    Replied: 1/5/2012
    Law Offices of Frances Headley | Frances Headley
    The absence of the father on the birth certificate alone is not grounds for termination of parental rights. You should contact a family law attorney to discuss the grounds for termination and if they apply to your situation.
    Answer Applies to: California
    Replied: 1/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. If the father has not been adjudicated as such and is not a presumed father by signing a recognition of parentage, he would have no established rights to terminate.
    Answer Applies to: Minnesota
    Replied: 1/5/2012
    Law Office of William L Spern | William Spern
    If a man is not on the birth certificate, did not sign an affidavit of parentage nor was he married to you at the time of birth, he has no parental rights. Right now the issue is moot until or if the father seeks to establish his parentage by way of an action to establish paternity.
    Answer Applies to: Michigan
    Replied: 1/5/2012
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