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Termination of Biological Fathers Rights

 
 
Reply Thu 23 Sep, 2010 01:19 pm
I am from Texas. I have a 4 and half year old daughter. I was with the bio father and became pregnant. When I was 2 months pregnant he went to prison. I got back with my sons father. We got engaged and I had my daughter. My fiance at the time signed the AOP and BC. We got married when she was 3 months old. The bio father got out of prison and asked for a DNA test through a lab, not court. She was proven to be his biologicaly. I let him see her about 10 times with me being present. I found out he was using drugs and I stopped and told him if he wanted to see her he needed to do it through the courts. Well This Feb. I get served with papers from him wanting rights. He has known since she was 3 months old she was his but he waited 4 years to do anything. His background is he has a felony for injury to a child, drug charges, evading, burglary. He had another child that CPS took for a year beacause the baby was born positive to cocaine. He has seen her a totally of 10 times in 4 and a half years. The last time he saw her was 2 and a half years ago. He has never taken us to court, till now, never paid her any money in CS. Abandoned her... We have to go to court for his case first but then I also filled to terminate his rights as my husband has been and wants to be her only father. Will I have any chance? Or what chances does it look like that him may get, if any? Thank you for any responses!!
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Type: Question • Score: 0 • Views: 2,074 • Replies: 5
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boomerang
 
  2  
Reply Thu 23 Sep, 2010 01:52 pm
He has rights. You can't just terminate his rights because you don't like him. If you feel he is dangerous you need to bring that up at the hearing. If he wants visitation you should ask for it to be supervised.

concernedmom4
 
  1  
Reply Thu 23 Sep, 2010 02:36 pm
@boomerang,
Its not only that I dont want him to its because he hasnt done anything for 4 and a half years. He didnt make any attempt to be her father or show any interest till now.
boomerang
 
  2  
Reply Thu 23 Sep, 2010 03:12 pm
@concernedmom4,
I'm sorry to say that it still doesn't matter.

If he wants rights he also gets responsiblities -- you might want to ask for four years of overdue child support. That might change his mind about establishing his rights.

But you can't just terminate his rights. He can only terminate his rights if someone is willing to step in and adopt the girl. If he is willing you will have to go through everything ever other adoptive parent goes through: home study, background check, financial checks, etc. Most step parent adoptions are approved unless there are serisous questions about the person.

But you might want to give him the benefit of the doubt. Meet with him and see what's on his mind. Don't go in being all confrontational.

Maybe he's grown up and now he wants to own up.

It is his daughter too.

But I'm not saying he's her dad. Her dad, her real dad, is the guy who has raised her and taken care of her.

There can be room in her life for both of them.
concernedmom4
 
  1  
Reply Thu 23 Sep, 2010 03:58 pm
@boomerang,
Thank you!! My husband is willing to adopt her so that is a plus...That is who she knows as her dad and has know for entire life. I wish I could say he has grown up but from checks, he hasnt...that scares me to death!!
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conceredtxdad
 
  1  
Reply Wed 26 Feb, 2014 09:34 pm
@concernedmom4,
concernedmom4 or to whom can help me with my questions. IM also from Texas and I am going thru a similar situation. I'm the biological father of a 5yr old. When the mother became pregnant she told me and when baby was 5 weeks old I met her. I asked for a DNA test and she got mad and disappeared. it took me 4yrs to finally find her thru a social website. She told me she had her boyfriend of the time sign the AOP and BC. After a week she called and wanted a DNA so I can start helping her. Results came back in 99.99% mine. Well she went to open a child support case on me after we agreed that was the best thing to do. The Attorney General opened the case on her boyfriend because he signed the AOP. They had a day in January to appear for a hearing. He told her he was not going and didn't care if they took all his check. I have had the opportunity to visit and even have my daughter spend the weekends with me and my family. They sometimes disappear and I don't hear from them in weeks at a time. I have contacted numerous lawyers and have been told I can not do anything about it. I have spend hours researching and looking for loopholes. The ex-boyfriend is violent and has physically abused my daughters mother numerous of times. they both physically fight with each other. I do not want my daughter to grow up in that kind of living environment. At one point she told me she used drugs just to avoid from having communication with him. My question to you is do you know how your daughters biological father got the court to serve you those papers when your fiancé had signed the AOP and the BC? Do you remember what the papers you got served with are called? Thank you in advance for your help.
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