Parental rights

Serious Business Backup 57 replies 688 views
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 12:44pm
A friend of mine has a 12 year old son. Biologically, it's not his child. His sons "sperm donor" has never seen or even attempted to make contact with the mother or son. So while out and about yesterday, the mother sees the kids "sperm donor" and he saw her with his child. He knew she was pregnant, which is why he left her in the first place. But now, the mother is freaking out thinking that maybe it could have sparked something and he'll want to try and get into contact with her or "his" child. My friend has legally adopted his son. Legally, if by some chance his wife is right, does the dude even have a leg to stand on even if he wanted to get into contact with them or try to get some sort of rights to the child? I'd imagine not, but I'm definitely no expert on anything like this.
lhslep134's avatar
lhslep134
Posts: 9,774
Nov 19, 2011 1:02pm
GoChiefs;979127 wrote:My friend has legally adopted his son
I'm merely speculating but I have to imagine that the legal adoption bars the biological father from any substantial claim.
Cat Food Flambe''s avatar
Cat Food Flambe'
Posts: 1,230
Nov 19, 2011 1:52pm
GoChiefs, are you worried she's going to sue you for back child support now that she's finally hunted you down? :D
redstreak one's avatar
redstreak one
Posts: 1,152
Nov 19, 2011 2:11pm
Logically speaking if he did he would owe quite a bit in back child support. This would probably be enough to deter a dirt bag like that. However, our court systems dont always work logically.
THE4RINGZ's avatar
THE4RINGZ
Posts: 16,816
Nov 19, 2011 2:14pm
The key element here is if she listed the sperm donor on the kid's birth certificate or listed father as unknown. Listing the guy you know is the father gives him a short cut in resuming a relationship with his kid. If she listed father unkown he would have to petition the court for DNA testing to establish paternity and try to establish visitation.
sleeper's avatar
sleeper
Posts: 27,879
Nov 19, 2011 3:01pm
I doubt he gets custody or anything especially if the child has been adopted. Consult an attorney.

Hope this helps.
hoops23's avatar
hoops23
Posts: 15,696
Nov 19, 2011 4:12pm
The court system usually screws over the dads who WANT to be in the child's life from the get-go after a divorce/split.

I see no way this guy is able to get into the child's life, unless the mother lets him. As others have said, he'd be obligated for child support.
Scarlet_Buckeye's avatar
Scarlet_Buckeye
Posts: 5,264
Nov 19, 2011 4:29pm
How could this guy "legally" adopt the boy without the "sperm donor" signing off his parental rights?????
THE4RINGZ's avatar
THE4RINGZ
Posts: 16,816
Nov 19, 2011 4:33pm
Child support and custody/visitation are two different animals.
W
wwhayes
Posts: 23
Nov 19, 2011 4:44pm
He wont have the leg to stand on.....the bio father has to make a effort in see the child. If he hasnt made that attempt at all in a one year period , the adoption can be and will be granted......
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 8:19pm
Scarlet_Buckeye;979439 wrote:How could this guy "legally" adopt the boy without the "sperm donor" signing off his parental rights?????
Because the guy couldn't be found.
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 8:22pm
THE4RINGZ;979259 wrote:The key element here is if she listed the sperm donor on the kid's birth certificate or listed father as unknown. Listing the guy you know is the father gives him a short cut in resuming a relationship with his kid. If she listed father unkown he would have to petition the court for DNA testing to establish paternity and try to establish visitation.
From what I know, she claims she was told she had to put someone on the birth certificate regardless. But she didn't want his name on it. So she asked her ex-husband, since they were still friends, and he said sure. So, her ex-husbands name was actually on the birth certificate and the "sperm donors" never was.
LJ's avatar
LJ
Posts: 16,351
Nov 19, 2011 8:25pm
GoChiefs;979761 wrote:From what I know, she claims she was told she had to put someone on the birth certificate regardless. But she didn't want his name on it. So she asked her ex-husband, since they were still friends, and he said sure. So, her ex-husbands name was actually on the birth certificate and the "sperm donors" never was.

Ex husband, new husband, baby daddy......

Sounds like a winner
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 8:32pm
LJ;979762 wrote:Ex husband, new husband, baby daddy......

Sounds like a winner
Married high school sweetheart (ex-husband, obviously)...married 5 years then decided they were too young when they got married...had a boyfriend in between that ditched her when he found out she was pregnant....and she's been married to my buddy for 12 years now. I don't see where that's a problem.
sleeper's avatar
sleeper
Posts: 27,879
Nov 19, 2011 9:00pm
GoChiefs;979770 wrote:Married high school sweetheart (ex-husband, obviously)...married 5 years then decided they were too young when they got married...had a boyfriend in between that ditched her when he found out she was pregnant....and she's been married to my buddy for 12 years now. I don't see where that's a problem.
#winner
LJ's avatar
LJ
Posts: 16,351
Nov 19, 2011 9:18pm
GoChiefs;979770 wrote:Married high school sweetheart (ex-husband, obviously)...married 5 years then decided they were too young when they got married...had a boyfriend in between that ditched her when he found out she was pregnant....and she's been married to my buddy for 12 years now. I don't see where that's a problem.

Sounds like a typical NASCAR fan
Belly35's avatar
Belly35
Posts: 9,716
Nov 19, 2011 9:20pm
GoChiefs;979756 wrote:Because the guy couldn't be found.
I have firends that can make him lost again..:D cheap
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 9:23pm
LJ;979843 wrote:Sounds like a typical NASCAR fan

Well that would be great, except he's not a NASCAR fan. :confused:
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 9:24pm
Belly35;979847 wrote:I have firends that can make him lost again..:D cheap

Lol...not my problem...but I'll pass it along.
Cat Food Flambe''s avatar
Cat Food Flambe'
Posts: 1,230
Nov 19, 2011 9:27pm
All good. But seriously - how could someone KNOW they have a kid out there and just walk away from them?
LJ's avatar
LJ
Posts: 16,351
Nov 19, 2011 9:37pm
GoChiefs;979854 wrote:Well that would be great, except he's not a NASCAR fan. :confused:

Neet. Except im not talking about him.
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 9:42pm
So you see an issue with a woman being with 3 guys in a 20 year span? Thanks for your input.
LJ's avatar
LJ
Posts: 16,351
Nov 19, 2011 9:44pm
GoChiefs;979897 wrote:So you see an issue with a woman being with 3 guys in a 20 year span? Thanks for your input.

Uhhh, married twice AND a baby daddy. That isnt just being with 3 guys in twenty years. What trailer park is she from?
GoChiefs's avatar
GoChiefs
Posts: 16,754
Nov 19, 2011 10:18pm
Uhhh, 1st husband, current husband, boyfriend in between. Not sure how they do things where you're from, but where I come from, thats 3.

And Lmao @ you thinking a woman thats been divorced and remarried is trash.

Oh noes! She had a child in between marriages. Damn, that must make her trash then right? :rolleyes:
LJ's avatar
LJ
Posts: 16,351
Nov 19, 2011 10:22pm
GoChiefs;979945 wrote:Uhhh, 1st husband, current husband, boyfriend in between. Not sure how they do things where you're from, but where I come from, thats 3.
thats a little different than just being "with" someone.
And Lmao @ you thinking a woman thats been divorced and remarried is trash.
And a baby daddy. Thats really what puts her over the edge