If the father of my stepchild is not on the birth certificate, does he have any “rights”?

Get Legal Help Today

 Secured with SHA-256 Encryption

If the father of my stepchild is not on the birth certificate, does he have any “rights”?

The father of my step-daughter has not had any contact with her in over 18 months (she’s 2 1/2) and hadn’t had any contact with my wife until recently (he found out that I wanted to adopt). If he won’t give consent for the adoption, and chances of me getting his “parental rights” revoked/involuntary termination would probably be slim/more difficult (even with his past and wrap sheet), if we left the situation the way it is now, does he have rights?

Asked on May 4, 2011 under Family Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

He is the father, biologically and legally. So as much as you wish to adopt her (which is wonderful and shows how loving you are), she is still considered the legal daughter of her father. Parental termination of rights is not unilateral and must include him in the proceedings. If he wishes to be in her life, your wife would do best to ensure her daughter's economic and non economic concerns are taken care of by taking him to court to sue for child custody (full custody), child support and of course to arrange visitation time periods for the daughter (supervised, of course). So the father has rights, but talk to a family law attorney maybe there is something you can do.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption