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Can the biological father relinquish parental rights to his child if the mother's new husband is willing to accept the responsibility?
Wiki User
∙ 17y ago
The biological father would not need to adopt his own child. He would petition the court for full custody of the minor child and assuming the court deemed him fit for parenting he would become the sole custodian.
Wiki User
∙ 16y ago
Wiki User
∙ 17y agoYes. Usually the court only grants a voluntary termination of parental rights to allow the child to be eligible for adoption by a new spouse of one of the parent's or other qualified adults.
Wiki User
∙ 17y agoNo. Regardless of whether the parent voluntarily relinquishes parental rights or parental rights are terminated by the court the act is permanent and cannot be amended or rescinded.
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How can you get your ex husband to sign over his parental rights?
In the US a biological parent cannot be forced to relinquish his or her rights to their children, it must be done voluntarily. The court can permanently terminate the rights of a parent in cases of child abuse and/or neglect and in very rare instances if the state in which the minor child/children reside has an applicable "abandonment" statute.
How does a father relinquish rights in MN?
If you truly mean rights (such as visitation), you can just walk away. However, In Indiana, a father cannot "relinquish" parental obligations such as support unilaterally. This is true unless something else happens such as the mother remarries and her new husband legally adots the child or the child becomes legally emancipated. Otherwise, you sre stuck, so to speak, with the obligations of a father until the child is an adult. Interesting to note that the woman can relinquish her obligations to a child before (abortion) or after birth (adoption) but that in no state does the father have any post-conception decisions.
What is the procedure for your husband to adopt your unborn child from a previous relationship?
It can be very complicated depending upon the laws of the state in which the couple reside and whether or not the biological father disagrees with the adoption. If the child is a result of an affair during the marriage, the court rarely intervenes if the husband accepts the child as his own, even if the biological father files for parental rights. If the child was conceived out of a relationship before the woman married, then no action can be taken until the child is born, parentage is established and the biological father voluntarily relinquishes his parental rights. If the biological father forfeits his rights to the child, the couple can petition the court for the husband to legally adopt said child. A biological parent CANNOT be forced to give up his parental rights to a child except by a court when it pertains to matters of abuse, neglect, etc. Please be advised, this is the basic legal procedure, exact information pertaining to the issue should be obtained from an attorney licensed to practice family law in the state where the couple reside.
If the biological father has no rights do you need his permission when adopting the child when marrying the biological mother?
You need to see a lawyer. Look for "Legal Aid" in your state as they offer free or low-cost legal advice. If someone is the "biological" father, he doesn't adopt the child, it is his child. He is legally obligated (in the USA) to provide support (money) for the child's needs. The only exception is if the mother was married to another man at the time of the birth, then legally the husband is considered the baby's father (even if everyone knows and admits that the other man is the baby's biological father). If you're asking whether the biological father can be forced to take care of the child in his own house, the answer is "no" he can give up his parental rights to the child. If you're asking whether the biological father can take the child away from the mother and her boyfriend/husband, the answer is "maybe" if he can PROVE to a court that the baby's mother is unfit and he (the biological father) is a better parent. If the father WANTS to be involved in the baby's life even though the mother has a new boyfriend/husband, the father MUST be allowed to have visitation with his child. Not allowing him to see the child may cause the courts to consider the mother not fit to raise the child. Again, GET LEGAL ADVICE from a lawyer.
What rights does a biological father have when the mother of the child remarries?
The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.
Does your ex husband have parental responsibility for your children?
If, in the eyes of the law, he is the father then yes he does.
Does the parent who relinquished his parental rights have to pay child support in Texas?
In this case even if both have agreed that the husband would relinquish his parental rights , then there is no need to support the child even in texas.
In Michigan can the biological father waive his parental rights and then the new husband of the custodial parent adopt the children?
yes
Can biological father of a child be sued for child support if the husband of the mother assumes responsibility?
yes see my profile
Does my husband have to assume parental rights for my child in order for the father of my child to terminate his parental rights in Alabama?
No. The biological father can give up his rights and if your husband then want to be more than a step parent, who have no rights to the child, can adopt your child. Or not, that is your choice as the parent.
If the mother has sole physical custody and shares joint legal custody with the father the two never married if the mother dies can her husband who is not the baby's biological father assume custody?
No, unless the baby's biological father relenquishes his parental rights, he would get custody of the child if the mother dies, not her husband. The biological father must sign his rights away to the mother's husband.
If a biological father gives up all access and entitlement to information about them is that giving up his parental rights. Permission for adoption has already been given for new husband.?
Yes That Is Giving Up Parental Rights.
How can you get your ex husband to sign over his parental rights?
In the US a biological parent cannot be forced to relinquish his or her rights to their children, it must be done voluntarily. The court can permanently terminate the rights of a parent in cases of child abuse and/or neglect and in very rare instances if the state in which the minor child/children reside has an applicable "abandonment" statute.
How does a father relinquish rights in MN?
If you truly mean rights (such as visitation), you can just walk away. However, In Indiana, a father cannot "relinquish" parental obligations such as support unilaterally. This is true unless something else happens such as the mother remarries and her new husband legally adots the child or the child becomes legally emancipated. Otherwise, you sre stuck, so to speak, with the obligations of a father until the child is an adult. Interesting to note that the woman can relinquish her obligations to a child before (abortion) or after birth (adoption) but that in no state does the father have any post-conception decisions.
What is the procedure for your husband to adopt your unborn child from a previous relationship?
It can be very complicated depending upon the laws of the state in which the couple reside and whether or not the biological father disagrees with the adoption. If the child is a result of an affair during the marriage, the court rarely intervenes if the husband accepts the child as his own, even if the biological father files for parental rights. If the child was conceived out of a relationship before the woman married, then no action can be taken until the child is born, parentage is established and the biological father voluntarily relinquishes his parental rights. If the biological father forfeits his rights to the child, the couple can petition the court for the husband to legally adopt said child. A biological parent CANNOT be forced to give up his parental rights to a child except by a court when it pertains to matters of abuse, neglect, etc. Please be advised, this is the basic legal procedure, exact information pertaining to the issue should be obtained from an attorney licensed to practice family law in the state where the couple reside.
How do you go about turning over your parental rights to your ex-wife and her new husband?
You should consult with an attorney. Your ex-wife's new husband would need to agree to legally adopt the children and take on the responsibility of financial support.You should consult with an attorney. Your ex-wife's new husband would need to agree to legally adopt the children and take on the responsibility of financial support.You should consult with an attorney. Your ex-wife's new husband would need to agree to legally adopt the children and take on the responsibility of financial support.You should consult with an attorney. Your ex-wife's new husband would need to agree to legally adopt the children and take on the responsibility of financial support.
Your husband wants to adopt your daughter but her biological father is in the picture?
Then unless the biological father is ok with this and signs his rights over, the new husband has no legal rights to the child.
