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PhillipsEsq, Attorney-at-Law
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My son had a child out of wedlock 5years ago,and was given

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My son had a child out of wedlock 5years ago,and was given visit rights but limited he was able to see the babby for about 18-24 mo. Limited at first because they lived about 175 mi. apart and he had no vehicle and was offten between jobs. He did move to the same area and things got better....then the mother moved 400 miles away to the wast coast makeing it almost impossible for him tomake his visits on the weekends...she later moved agine to a city aprox. 170 mi. away but did not advise him when she moved an address or a contact no. it has been ver a year with no information or contact.
Now he has been contacted to give up his rights or be sued in court to allow the mothers current husband to adopt the babby. There is no evedence that he was abbussive or uncareing he has another chid here and he is a wonderfull and doteing father this child is a sister by another mother to the child in question. What can he do to defeat the adoption attempt and gain better access to his daughter.

Submitted: 2 years ago.
Category: Legal
Expert:  PhillipsEsq replied 2 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.



Question: My son had a child out of wedlock 5years ago,and was given visit rights but limited he was able to see the babby for about 18-24 mo. Limited at first because they lived about 175 mi. apart and he had no vehicle and was offten between jobs. He did move to the same area and things got better....then the mother moved 400 miles away to the wast coast makeing it almost impossible for him tomake his visits on the weekends...she later moved agine to a city aprox. 170 mi. away but did not advise him when she moved an address or a contact no. it has been ver a year with no information or contact.
Now he has been contacted to give up his rights or be sued in court to allow the mothers current husband to adopt the babby. There is no evedence that he was abbussive or uncareing he has another chid here and he is a wonderfull and doteing father this child is a sister by another mother to the child in question. What can he do to defeat the adoption attempt and gain better access to his daughter.

Response: He needs to show that he still wants to be a part of his child's life and does not intend to relinquish his parental rights. That he has not been to see his child lately not because he does not want to but because the mother has made it impossible for him to do so, moving without giving him any contact information, address or her phone number.

He should also file Complaint for Modification of Custody and Visitation and request for generous visitation rights. The forms filing for Modification are available at the Courthouse in the Clerk's Office.

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