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How to terminate my son's biological father's rights without his consent?

This is a discussion on How to terminate my son's biological father's rights without his consent? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; Hi all, Here is my situation, I am a single mom with a 3 years old son, never married with ...

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Old May 26th, 2012, 09:53 PM   #1
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Confused How to terminate my son's biological father's rights without his consent?

Hi all,

Here is my situation, I am a single mom with a 3 years old son, never married with his father. We are separated over a year ago because we can't get along with each other. Since my son was born, he didn't visit the child and even stop paying child support more than 3 months ago. I have been threaten by him recently that if i don't sign off the agreement by saying he is a sperm donor with no responsibility for this child, he will give me many hard times such as i can't take my son out of state or travel internationally without his rights being signed off. Also he requested me to remove his name from my son's birth certificate and change my son't last to mine within 6 months. I called the courthouse and i was told there is almost impossible for his name to be removed from the BC because he signed and acknowledged it especially i can telll for sure he is the biological father of my child. However, his new wife tried to teach me how to make this happen which is i have to make a lie to the judge that he is the sperm donor in order to make myself convenience to make decisions for my child without the father's consent. I have thought about it many times, and don't think I should sign this agreement because it will emotionally hurt my son one day when he figures out the truth that he has no father and the truth is his father abandoned him.


1) Is this true by saying he is the sperm donor in order for me to remove his name on the birth certificate and to terminate his parental rights?
2) Will it protect me from being suited by my son's father one day if he change his mind?
3) Is there any other options other than signing this agreement in order to have his parental right to be terminated without his consent?

Thank you very much for your time!
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Old May 26th, 2012, 10:45 PM   #2
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Default Re: How to terminate my son's biological father's rights without his consent?

I wish to inform you that you can file a petition for terminating fathers paternal rights. In this you may argue that father has left the child and do not maintain any contact and it is in best interest of child that fathers rights be terminated. Further if court terminates fathers right then later father cannot claim any rights.

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Old May 27th, 2012, 09:56 AM   #3
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Default Re: How to terminate my son's biological father's rights without his consent?

Terminating a parent's rights without their consent is an uphill battle. Courts do not do so lightly. And then the father is entitled to legal representation, at public expense, if he cannot afford to do so. In this case he is trying to evade support. Too bad. Once one sires a child, they cannot just walk away.

He is liable to support his child, whether or not he ever wishes to man up and parent the child. He can give up his rights to visit, but not to support the child he brought in this world.

You are correct in that it will emotionally hurt your child but also financially. His new wife has her own vested interests at heart and could not care less about your child, seeing him as only a financial burden that takes from her family pot.

My advice is to see a lawyer about bringing a paternity/custody/support visitation action against him so your child's rights are protected and the child receives support from his father that he is entitled to. You are the only parent your child has and whatever you do must put your child's interests first!
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