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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27228
Experience:  Attorney with experience in family law.
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My husband is wanting to voluntarily sign s rights over to s

Customer Question

My husband is wanting to voluntarily sign his rights over to his 3 year old son.. He loves him but the mother has kept him away for 3 years and the child now knows another man as his father so he doesn't want to interfere with the life he has now considering the child doesn't even know him and the mother will not allow him to.. We have tried court but she pushes it back and it has been two years and only one court hearing for a drug test.. He just wants to have an agreement that the child is to be adopted by the man he thinks is his father, and still allow all 3 of his kids to know each other even though he will not be in the picture.. He will willingly sign his rights over but we do not know how to do it to get the child adopted so the birth certificate isn't blank and to have documentation of the siblings still knowing each other and having a relationship..
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Mississippi
JA: Have you talked to a lawyer yet?
Customer: Yes we have spoken to him but he tells us that we can't do that, that his rights have to be terminated but I know that is not true considering he hasn't been in the child's life for three years and the child has his own life without him so it would be in the best interest to not interrupt his life
JA: What advice did they give you?
Customer: Nothing! He told us we had to wait on court and get visitation and stuff that we could sign them over
JA: Anything else you think the lawyer should know?
Customer: The mother has pushed the father out of the child's life.. She has let him FaceTime before but then stopped and she kept him updated for a while (only for court) then stopped.. The mother wasn't his rights terminated but we have a stable home, jobs, ect so I know he will not terminate them.. My husband says "I just want him to be happy and he has a family now so it would be wrong of me to interfere but I don't want her years later leaving this man he calls daddy and hurting him so I want the man to adopt him so my son can have a daddy forever and not just when she wants him to.. I want all 3 of my kids (including the one he wants to sign over) to know each other as siblings because it isn't their fault all this got messed up so even if I am not in the picture I want my kids to have their siblings and get some type of visitation..
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Family Law
Customer: replied 3 months ago.
I filled out the form but I am not sure how to get connected to the lawyer.. I want to know how we can voluntarily sign his rights over but allow the judge the still give the siblings some type of visitation so they will know each other as well as making her allow the other man to adopt his son.. She doesn't want him to adopt her son, why, because she is clinically messed up mentally and wants him all to herself but still allows the child to call the man daddy.. Is it possible to force her to let the kids have visitation if he signs his rights over?
Customer: replied 3 months ago.
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Expert:  Lucy, Esq. replied 3 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The first lawyer you spoke to is unfortunately correct. You're asking to do two things that are opposite. One is for your husband to give up all rights to the children, the other is to allow visitation with the siblings, and that's not possible. Your husband can file a Complaint to Establish Paternity, request visitation, and allow the child to see each other as siblings during his scheduled visitation time. The fact that the mother has never allowed visitation doesn't mean he's not allowed to request it now - it's not up to her whether he has a relationship with the child (or whether your children do). It's up to the judge, and he's allowed to argue all the reasons a child benefits from knowing their siblings.

Or he can do a termination of parental rights, if and only if, the mother has married someone who is willing to adopt the child. But that type of proceeding legally severs all ties between the parent and child. There would be no ability to request any type of visits with the siblings unless the mother chose to allow it. She'd have to sign some sort of agreement. But in that scenario, as soon as the termination papers are signed, your husband is legally no longer related to the child, and neither are your children. The two of you will have to decide which is more important - terminating your husband's rights or having the kids know their siblings. But I'm sorry to say, you won't be able to do both without the mother's cooperation and that of the other man.

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