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Here is my dilemma. My daughter, Isabelle, was born (out of wedlock) in Feb. 2002. Her biological father (with whom I had already split from two weeks prior to finding out I was pregnant) did not show up at the hospital to sign any of the papers. Prior to the birth, I told him that if he did not show up, I would list the father as unknownӔ on the birth certificate. He has never requested to be listed on the birth certificate or to sign a voluntary paternity acknowlegement. Since her birth in 2002, her bio father has only seen her approximately 12-15 times. These visits have ONLY been at his mother's home and he has never actually set up any of the visitations. He has never stayed for a visit more that two hours. I deal directly with his mother and father regarding their spending time with Isabelle. He has never helped out financially or any other way, for that matter. He is now married and has had two more children. Last December, at his mother's urging, he called me for the first time since my daughter was 10 days old and said that he was interested in "seeing" Isabelle. When I asked him to tell me exactly what role he wanted to play in her life, he said he wanted to "see her once in a while and maybe take her to Chuckie Cheese". That is verbatium. My gut reaction was to tell him to take a hike, but I beleived that he was all talk and no action, so what I did is sent him a contract that I had drawn up that outlined what he would be responsible for in terms of what her schedule has been and what she was accustomed to - it also included a monthly "support" amount of $100 and a visitation schedule. Within this contract, I suggested that we have it notarized. I mailed it, called to verify he had received it after not hearing from him for six weeks and have not heard from him since - it has been almost a full year. In the last year, I have gotten engaged to a wonderful man who has essentially been Isabelle's only male role-model/father figure. She (at almost five) wants him to be her daddy. We have never urged her or told her that she has to do this or call him DaddyӔ - she wanted to on her own - most likely because she sees his interaction with his daughter and wants that for herself as well and truthfully, who could blame her. My fiance has taken on the role of father and we both would very much like to have him adopt Isabelle once we are married in Nov. 2007. I have searched on the web for hours at a time and it it looks like the state of WI requires my ex's permission via Termination of Parental Rights for her to be adopted. We went to a consultation with a local lawyer who said it will cost approximately $5,500 to complete the adoption (if it is not contested) because of the home study (which sounds crazy to me, since I have always had custody of her), the guardian ad liedum (sp?), court costs and lawyer fees. Since my ex has ZERO legal rights because paternity was never established, he is not listed on her birth certificate and has never had visitation or paid child support, do I really need to spend $5,500 to prove that he has ZERO legal rights to her? Also, if he contests, our adoption could be blocked and he could file for visitation, correct? I fear this very much so much, in fact that we thought about just changing Isabelle's last name, but we need my ex's permission for that as well, plus, I want my fiance to legally be her father because I feel she deserves that, at the very least.
Any help would be greatly appreciated. Thank you.
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So, you have never filed for child support in WI? I can only tell you about my situation being in OH. That is my current husband can not adopt my two children until we have been married for 1 year. My childrens bio has an enormous amount of legal issues one of which being a felony indictment for non-payment of child support. Right now he owes about 12G. He has been unwilling to terminate his custody until he was served with the indictment. He is now willing to terminate his legal rights as a parent just to get rid of the felony charge (kinda sad I know) but that is what my husband and I have been waiting for and our adoption will be uncontested. We did recieve an initial quote for the case and it was 3000-5000. Let me know if you have any questions! Good Luck!
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No, her BF is not on her birth certificate. He was so horrible, that I opted to just raise my daughter COMPLETELY on my own - no financial aid from him at all. My basic prob is that LEGALLY he has ZERO rights to my daughter because he has never been (legally-speaking) named as the father. No paperwork regarding custody, child-support or even the voluntary paternity acknowledgement were ever filled out. I feel like it is asinine for me to have to ask him to terminate his parental rights when he never ESTABLISHED his parental rights. Does this make sense to anyone?
It appears that step-parent adoption is just a way for my state to give my daughter's biological father the benefit of the doubt time and time again...I, already giving the benefit of the doubt for almost six years, am done with it. He is not on the birth certificate, he has never paid child support, he does not see her and according to the Wisconsin Circuit Court Access site, he has recently gone to jail for Domestic Abuse against his wife. In the meantime, I have also gotten married and my little girl desperately wants to have the same last name as her mom, "dad" and new step-sister. She is in kindergarten and just wants to have the name that we all have.
I will never understand how her birth father can have ABSOLUTELY no part in her life, yet I still have to go to him to ask to have her name changed and ASK to list someone as her father on her birth certificate.
It is crazy. He does not want to love her, SPEND TIME WITH HER or financially support her...my husband does ALL of that and more, but legally he has no rights. How can this be?