My child was abandoned by her father.

[mikala]

My Daughter was bor n 10/5/10. She now is two and her father has not seen of came around her since before her first bbirthday. He refused to go to her birthday party and refuses to see her or makes excuses not to see her. He doesnt know her birthday or anything about her, he just got on probation after stealing for a store in out home town. He currently had another child with someone else and wants to sign his rights over to my husband who wants to adopt my daughter. What can i do to do this. I her it is concidered abandonment after 6 months and can we have him sign his rights over with out going to court or through a laywer?

 

[disagreeable]

You really need a lawyer to make this happen legally. Iowa may have paternity requirements, among others. They will have procedural requirements and timelines that need to be honored. This is not a do it yourself matter, as one mistake can void everything you have done.

 

[Proserpina]

You definitely need an attorney, and nothing will be legally binding until a judge signs off on it.

In other words, you MUST go to court at some point.

It will be easier if you're all in agreement and then you don't have to worry about abandonment. Believe it or not, if there are no court orders (for visitation and/or child support) it might be difficult to claim abandonment.

He cannot abandon what he doesn't have.

 

[army judge]

Abandonment is irrelevant. Abandonment applies to the custodial parent, only. If he wishes to sign away his paternal rights, it is not as if he's transferring ownership of chattel. If he were to lose his paternal rights, your current mate would have to adopt the child. One action won't magically bring about your desired outcome.

Bottom line, none of this happens without going to court. He has to petition the court to take away his paternal rights, but that doesn't mean he's losing his paternal (as in financial) obligations. It isn't easy, and it won't be quick. That assumes,it's possible, which it may not be.


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[Proserpina]

Abandonment can apply to the NCP; it is not uncommon to use abandonment as a reason for involuntary TPR as part of a stepparent adoption.

 

[shrinkmaster]

A step parent adoption is doable if all parties agree but is very long process. It can take even longer if mistakes are made. You would be best served using the services of an Attorney. One thing you do not mention is if this man has ever signed any birth documents or anythng to establish as the childs legal father
http://www.parentnook.com/step-parent-adoptions/

 

[army judge]

Abandonment can apply to the NCP; it is not uncommon to use abandonment as a reason for involuntary TPR as part of a stepparent adoption.

If dad wishes to unencumber himself from junior or sissy, I'm sure he wouldn't care in the end.

The abandonment argument is moot, if dad wishes no involvement with the child anyway.

He's free and clear, because dad loses his paternal rights (or manages to give them away), he wins. Abandonment is a maneuver, normally used when a parent's whereabouts are unknown.

In this instance, and from what was revealed, dad's whereabouts aren't unknown. If the poster is to be believed, dad wants nothing to do with the child.

I call this the "Br'er Rabbit Maneuver", and its used in many legal matters. Dad won't resist being thrown in this briar patch. Abandonment serves dad's ends well, if OP is telling the tale accurately.


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[shrinkmaster]

Has Dad emailed, called, text, written or the like?