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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My daughter has never seen her father. He has never supported

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My daughter has never seen her father.
He has never supported us, and no intention to do so in the future as well.
He is outside of US, and don't have any reach.
I would like to file the petition that he doesn't have any right toward her in case something happen to me.
How could I do that?
Thank you for your question.

Just to be clear, the father is listed as such in the birth certificate, correct? How old is the child now? Is there a legitimate worry that the father is ever going to come to the US?
Customer: replied 4 years ago.


He is in Austria.


He is listed as father in Birth Certificate.


My daughter is 12 years old.


 


He has been talking to his friends that he will support her.


(which never occured)


I have no intention to let him have her.


I have family in Japan, and she should raised by true family


in case something happen to me.


This is my intention.


yoshi

Thank you for your follow-up, Yoshi.

Under U.S. law you cannot take away his parental rights unless and only unless you get someone else to formally adopt your child and in that process sever her biological rights to her. Beyond that all you need to file in the US is a petition for 'sole custody', as that will give you formal physical and legal custodial rights. You already have those rights because the child resides with you and are maintaining her needs as well as making all legal decisions, but the order will formally solidify those rights in one document. As for essentially taking away the parental rights, that is not possible without an adoption by someone else. In terms of making your intention known as to whom you wish to care for and provide for your child, consider creating a will where you can writing all your final wishes and orders for your family to follow, should you end up passing away before your child becomes an adult.

Good luck,

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