Does a father who abandoned his unborn child have legal parental rights? 29 Answers as of September 19, 2011

You may want to consider a step parent adoption where your husband adopts your child.

This is a bit complicated. Please see a domestic relations attorneyto discus whether you are the sole residential and custodial parent. You may be.

Before this alleged father can have any visitation rights, a valid finding of paternity of the subject child must be determined through a court of proper jurisdiction and then the issues of support and visitation can be addressed.

We recommend you consult with a family law attorney as soon as possible and discuss the possibility of a step parent adoption, along with all your rights and options. Good luck.

Unfortunately, yes he does. Until you formally terminate his parental rights, presumably by your husband adopting the child, the biological father can pursue custody/visitation and you can pursue child support.

Under Louisiana law, the father may institute an action for avowal (to establish his fatherhood) at any time, unless another man is presumed to be the father. That is the case if the mother is married to someone else at the time of the child's conception and birth. The birth father must file an acknowledgment of paternity with his petition to establish paternity in order to have the ability to sue to be recognized as the child's father. Because the father sues to establish his paternity does not necessarily mean that he will immediately gain physical custody rights, or be able to remove the child from the state. The court will decide based upon the best interests of the child. Normally there will be a period of time for the parent to establish some kind of relationship prior to just taking the child. The father will more likely than not need to be able to pay child support, which you should request as soon as possible.

Absolutely not, he does not get to take your child away from you. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.

The father is getting a little ahead of himself. Having been absent for so long his initial visitation will be a few hours at a time, not an overnight. Taking the child out of the state is not going to be allowed, under these circumstances, until he shows that he is trustworthy. Initially, the father's visition would probably be supervised.

I am not clear as to what State is the appropriate state for venue, since this could make a world of difference. In California, assuming you live here, the child's best interests are the most important issue, not his parental rights. It is highly unlikely that the Court would allow a 2 year-old to be separated for any great length of time from the only parent she knows, to be sent to visit in another state. You may want to file for support with the local Department of Child Support services immediately. Then give the bio father the option, if your husband desires, of the bio father signing step-parent adoption papers instead of continuing to be responsible for payments.

Unless there was a termination of his parental rights by you, you will have to appear in any action that is brought and assert your position as to what is in your child's best interests.

First, you mention Florida in your question. I only practice in Washington, and, therefore, cannot speak to Florida law. If the matter were in Washington, my answer would be along these lines: I assume that you and the father of your child were never married. If that is the case, then, from a legal stand point, he is not the father of the child unless property paternity declarations have been filed with the state or until a court enters an order finding him to be the father. Until one of those two things is done, he, basically, has no rights in the child. Once paternity is established, you should go to court to establish a parenting plan. This will deal with issues like who gets the child when, who makes what decisions, and travel with the child.

In most states, unless he legitimates the child and seeks custody or visitation in court, he would have no rights to see the child. If he files a court case, then you'd want to get counsel to respond. I would not recommend an out of state visit without a court order.

Unless and until the father files a legitimation action in a Georgia court you have all parental power and control and full custody of the child and he has no rights to the child.

He has an uphill battle. I doubt if a court will allow him to remove the child from the jurisdiction at this point in time. He may get visitation, but it will have to be local and for short periods of time and maybe supervised.

You have to right to tell him no he is not allowed to remove the child out of state. First of all, there is no paternity which gives him any rights to the child within the state, he most certainly shall not take her out of state without your approval. You can all the office to discuss this in more detail. We offer free consultations.

It depends upon whether he is listed on the birth certificate or if he registered with the state as the father under Chapter 63, Florida Statutes. Without a court order he has no legal authority to take the child. You should consult with a lawyer. There are several variables and he may have no rights or he may have the same rights as a divorced father depending on the circumstances. If you do nothing, you may make it possible for him to obtain contact rights through the court.

Parents can keep their parental rights even if they do not see their children. The issue is should the court allow visitation at this time. These cases tend to be very fact driven and one case can be very different from another based on the actual events of your case. In your situation, the court might limit his time or want to integrate him to the child first. It is hard to tell you exactly what will happen and I would recommend that you seek legal advise for your particular situation.

Tell him no and you can request a termination of parental rights based on abandonment.

A father has parental rights until a court terminate those rights. There are questions to be asked. Were you and the father married? Did the father know you were taking the child to California? Why hasn't the father been in touch for over 2 years? Now as to the father wanting custody. The father will have to file a paternity action in California, since the child lives here, and request custody or visitation of the child. From the info you have provided you may have good arguments for the court to deny that request. I would suggest you contact an attorney in your area. Many attorneys such as myself provide free consultations.