My child's father has not been in the picture for 5 years can I take his rights away?

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Shaykr

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I have a 7 year old. Her biological father was around for about the 1st year of her life and had her every other week (non-court ordered). He didn't have a driver's license and lived 3 hours from me and was constantly asking ME to drive her there or his mother would drive. One time he wanted me to drive down there and I told him I would not do that. From that point he did not ask to see her again, I would call him often to give an "update" but then one day his phone was shut off, I attempted to contact him for over 2 months after that and never got a hold of him again. It has been almost 6 years now of no contact, I have tried to find him but have had no luck, so at this point I just want to finalize everything by cutting all ties to him. I want to file for abandonment but can I do that? And if I could would he HAVE to consent? I have never asked him for anything, I have never filed for child support or anything and he knows where my parents live so he could have easily contacted me. Any opinions?
 
Don't waste your time in court. He is already gone.
No matter what you might do right now to "finalize" things, he can magically reappear at any time and file a petition for visitation and would likely get it to some degree.
Try not to waste any time or effort on the deadbeat and go on about your life.
 
Well I want to make sure that he STAYS out of her life, additionally my fiance intends to officially adopt her so those are my 2 main reasons. I don't want him to have anything to do with my family EVER.
 
Its not going to matter what you "want". If your current love interest wants to adopt then you two need to marry and have been married 6 months to one year and Dad needs to willingly sign off on having his rights removed through courts
 
Yup. If adoption is the plan then you will certainly have to locate and have some contact with dad.
If you don't want to him to come out of his nest then don't shake the tree ;)
 
Consent from the father is NOT necessarily required.


In Minnesota, the absent parent has given implied consent to adoption or relinquishment pursuant to Section 26-10A-9 as outlined below:

1. The absent parent has abandoned the adoptee, failing to offer financial and /or emotional support for a period over 6 months from the filing of this petition.

2. The absent parent has knowingly left the adoptee with the other parent without provisions for support and without communication, or otherwise maintaining a significant parental relationship with the adoptee for a period of over 6 months from the filing of this petition.

3. The natural father failed to comply with Section 26-10C-1, which deals with the putative father.
 
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