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Questions about Biological Parent’s Rights

What are biological parents’ rights?

Biological parents have the right to make a number of decisions with respect to a child's life. They are permitted to choose whether their children will attend public or private school or be homeschooled. Parents select a child's health care providers. They may even decide which religion their children will practice, or whether they will practice any religion at all. Of course, with these parental rights come a myriad of responsibilities. In some cases, these responsibilities are too much for the biological parents to handle. As such, birth parents may also choose to place their child up for adoption and relinquish their rights as biological parents. Below are some of the most commonly asked questions about a biological parent’s rights.

If a parent has not recognized parenthood, can they gain custody of the child?

In most situations, in order to gain custody of the child, you must first establish and gain paternity. The only way you may be awarded custody is if you can prove that the other parent is unfit. When such a case is taken before the court, the court makes the custody decisions based on what is in the best interest of the child. The court looks at the living situations of both parents, their lifestyles, their relatives, who they associate with, parenting skills and so forth, and any other situations that might affect the child’s wellbeing and childhood safety. Many times, if the court sees that the primary caregiver has the child’s best interest in mind, they would continue to have full custody of that child.

If the biological parents’ rights’ were terminated and adoption was granted, can they come back later and request custody of the child?

While biological parents can try and regain custody of the child by petitioning the court, in most cases the court would deny this request. The biological parents would need to establish a compelling reason for the court to even reconsider them for parental rights. If their parental rights were terminated, and the adoption was granted, the chances of regaining their biological parents’ rights and having the adoption withdrawn are unlikely. However, individual circumstances and the child’s best interests would be taken into consideration by the court to assess whether the biological parents have a compelling case for re-evaluating the case.

If proven to not be the biological father, how can you get your name removed from the birth certificate?

The name can only be removed if the father or mother gets a court order that says that the father is not to be listed on the birth certificate; that he is not the biological father and needs to clearly state the person’s name and the information that needs to be removed from the birth record.

How does a father go about drawing up paper work to give up parental rights and child support, if not married?

If someone feels or believes that he might be the biological father of a child, and is not married to the mother that gave birth to said child, the best and fastest way for the father to have his rights terminated is to ask for a paternity test in the court for the child to first establish and prove paternity. If he is not married and can establish that he is not the biological parent of the child, he would then have no legal rights to the child. Raising a child and protecting biological parent’s rights can be quite confusing when dealing with legal situations such as divorce, adoption or the child’s medical issues. Many times these types of situations can cause questions that need legal insights and Expert opinions.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9139
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Biological Parent Questions

  • Does bifurcation in marriage (i.e. processing the husband

    Does bifurcation in marriage (i.e. processing the husband and wife divorce) prior to settlement of child custody/parenting agreement have any bearing on the outcome of the child custody determination? Or are the two not linked? Thank you
  • My wife and I have been married for 30 years and now live in

    My wife and I have been married for 30 years and now live in Vermont. We are both 57.
    We are divorcing and she stated she wants 1/2 of my salary.
    She has a business degree and has worked full time up until we had childtren and then part time for most of her life, She was mainly an at home mom that raised our childtren who are now 27 and 24 as we felt it was best for the children. She does not want to go back to work full time and has take a very low paying part time job as it is fun. $12 per hour verusus her recent accounting job at $20 per hour.
    How is alimony calculated in Vermont and is she entitled to 1/2 of the salary. It represents about $6,600 after taxes etc. but is $10,000 per month base salary before taxes, insurance, etc..
    I do not mind providing for her, but is she entitled to half of my salary or half of my take home pay or enough to keep her in her present lifestyle? in Vermont this would be less than the $3,300 per month as 1/2 of the take home pay?
    There is no infedelity, abuse, or other factors as the reason for the divorce.
  • I got a divorce in 2013, she was in mexico at the time so

    I got a divorce in 2013, she was in mexico at the time so she defaulted but in the best interest of my son I chose him to stay with her ( she lives in Tempe az I live in Illinois) we signed a joint parenting agreement that states the other parent can contact the child by phone but she is not answering my calls so I cant talk to him, I kept the call logs when I called her, and I call in reasonable times when she is home.
    I took my son back after visiting in the summer he was back for school it was on August 4 it is now October 20th and I have only talked to my son twice so far, at the time I made that decision that he be with her i thought maybe he needs his mother for a year or two more but she has no time for him, he is basically being raised by after school care and baby sitter, he is 5, can I change that (since it was my decision regarding this issue and she defaulted) to were I get custody of my son and she gets visitation?
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