Ask a Lawyer - Archive

I have two daughters. I was never married but I have a child support case for both of them. I got married last November, and it has been nine months since I haven't received any child support. My husband and I want for the biological father to sign over his rights so that my husband can adopt them. What can I do to make him sign?

First, you should be ever so careful about giving your husband parental rights over your child. I know you and he are on great terms now, but not all marriages work out; are you sure you want him having parental authority even if you and he can't stand each other? And is HE sure he wants to have the duty to pay child support to you even if you and he were to divorce? Assuming you and he have thought all that through, by far the fastest way I know to persuade most uninvolved fathers to give up parental rights to a stepparent is to go after them for child support - hard. Get an aggressive attorney, not just child services. Get service of process on him and make it hurt. Talk about suspending his driver's license, grabbing his tax refund, the whole nine yards. You may find he's the one who brings up a release of parental rights.