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Is it possible for a single parent to terminate the parental rights of a biological dad who has been absent for 15 months?
Anonymous2 views4 answers
The father reused to sign the birth certificate when the child was born 9 years ago. The child is 9 now. The father visited the child in the mother's home for a few hours on weekends from roughly ages 4 to 6. The father has not contacted the child for 15 months. The father insisted the child's last name be changed to his 15 months ago and the mother refused. Is it possible for the single mother to terminate the parental rights of the bio dad? There is no impending marriage or step father involved.
Your narrative raises a question as to whether or not the person is the father since there is no legal determination to that effect---you don't need to terminate any rights that do not exist. A simple chat with the local attorney might verify that he has no more rights than a stranger on the street does right now---get to that attorney ASAP. Good luck to you.
Howard E. KnispelDivorce / Separation LawyerCommack, NY ·
New York does not have a process to terminate a parent's rights. Only the county, in a neglect or abuse case can seek to terminate the rights in a permanency hearing. Even if his name is not on the birth certificate, he could start a paternity action.
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
If you were not married and no Acknowledgement of Paternity or Order of Filiation exists, then there are no “rights” to terminate. That said, if everyone concerned has behaved as though such rights existed, the situation could get complicated. I suggest you reach out to a NY Family Law attorney for specific advice. Good luck!
If he did not sign an Acknowledgment of Paternity, if he did not establish a parental relationship with the child and there is no court order for child support or paternity then there is no parental relationship to terminate. You should immediately consult with a family law attorney.
