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.
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,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).