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Wed 9 Feb, 2005 11:41 am
I live in New Jersey and want to find out if it is possible for a court to order a biofather to give up his rights. We have 2 children (ages 2 & 6). We are divorced and my fiance wants to adopt my sons. Since me and my ex separated he'll send a few dollars (if I'm lucky $50) every now and then but most times he'll say he doesn't have it to send me. I can count on one hand how many times he sees them and if he does show up, he'll only take them for about 3 hours then call and say he's bringing them home because they don't want to stay with him (I'd say he saw them about 5 times in the past year). Most times he'll call and set up a date to see them then call the day before and say he can't make it. Nobody in his family is involved with the children anymore either. It is at the point now where my 2 year old is just confused as to who his father is and my 6 year old gets heartbroken everytime he doesn't show up. I know out of spite, he'll never sign them over for my fiance to adopt them. Is there anything I can do about this?
There is little if anything you can do if he refuses to conceed his parental rights to allow your fiancee to adopt them. Unless you can somehow prove he is a danger to the children the courts aren't likely to intervene. Failure to pay child support isn't usually sufficient.
You can get the courts chasing after him for any child support due. He'll either pay up or get tired of the courts and relinquish his rights to get out of the entire deal.
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