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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114810
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I want to make sure my son has no contact with the biological

Customer Question

I want to make sure my son has no contact with the biological father. Even if I something happens to me. What are my options?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
Please explain in a bit more detail what is going on. For example, is the father on the birth certificate? Is there an order of custody in place already from a court? If you can give us more facts it will help us to try to give you the information you need.
Customer: replied 5 years ago.
There was no name on the Birth Cert when my son was born. Due to TANF I had to name a father- there was a paternity test and his name was put on the birth cert. There is a child support agreement in place- I have not seen a cent so far. Nor has there been a single visitation since the day after he was born, no phone calls etc. There has been no contact at all, but I also have no Will or anything set up. I want to make sure that if anything happens to me, my son will be in a positive and loving environment.
Expert:  Law Educator, Esq. replied 5 years ago.
In order to do what you want, you would need to first try to terminate his parental rights. If he agrees to voluntarily terminate his rights that is fine and you would file a petition to voluntarily terminate parental rights (which does not legally terminate support obligations) in the court and you would need an attorney or an attorney from legal aid to do so. If he refuses to voluntarily terminate his rights then you would need the attorney to file a petition to involuntarily terminate his rights based on extreme parental disinterest, abandonment and non-payment of support. You can also get the attorney to draft a will and in the will name a guardian, but this is not as sure of a thing because he could contest the guardianship in a will as the biological parent.


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Customer: replied 5 years ago.
Suppose he terminates his parental rights, and I file the Will saying he should not get my son if something were to happen to me... and if something did in fact happen to me- would he still have a shot at getting my son?
Customer: replied 5 years ago.
Relist: Other.
need more clarification on details
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your post. Your expert went offline due to the lateness of the hour. Unless you need information right away, I will inform him via email that you are seeking him out, and he will respond back to you once he logs back online.

Sincerely,

Dimitry, Esq.
Expert:  Law Educator, Esq. replied 5 years ago.
If he terminates his parental rights he has no legal right to try to claim the child as he has given those rights up.