Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

My daughter is 8 months old. At the beginning of the pregnancy

there was two possible fathers...
My daughter is 8 months old. At the beginning of the pregnancy there was two possible fathers (Vince and Josh). After I found out that the first (Vince) was not the father, I told the second(Josh) that he was the father.. My daughter was about 2 weeks old at that time. He (Josh) has been telling me from the beginning that he wanted nothing do to with her. That he did not want her in his life and everything else. Now that the DNA test has been done and the child support order process started, now he is all a sudden wanting visitation. Vince has been there my daughters entire life, cut the umbilical cord and everything, she knows him as Dad. I am not sure on what I can do to prevent the paternal father (Josh) from gaining rights. He is a criminal and is a bad drug user, and I would prefer if he was not in her life. I feel that would be the best thing for her.... What can I do?
Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
7/2/2011
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,090
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Unfortunately, the 8 months is not going to be enough for the court to deprive the biological father of his rights. However, you could negotiate with him to waive any support from him in exchange for him voluntarily terminating his parental rights in the court. Child support is expensive, you would point out to him, and tell him you will give up all rights to support from him if he voluntarily surrenders his parental rights with the court. If he will not do so, then I am afraid the court will grant some type of visitation, likely supervised if he is a criminal and drug abuser.


I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Ask Your Own Family Law Question
Customer reply replied 6 years ago
I have already talked to the Child support enforcement agency of Clermont County and they told me in the state of Ohio that he would not be able to just "give up" his rights. That is why he is now trying to fight it.. He pretty much is just wanting to get out of paying child support. My case worker told me the only way for him to "sign over rights"/"give up rights" would be if I was married for at least six months and that man that I married wanted to adopt my daughter .. So I am pretty much screwed? I mean is doesnt help me at all that I do not have a criminal record at all, and he does and his wife has 3 felonies and his dad (that he resides with) has a drug felony as well..
You can go to court with the petition to terminate his rights in Ohio and you would have to provide proof you would not need or apply for state support for the child and you are capable of providing support on your own without him. An alternative is if you marry Vince and then seek to terminate Josh's rights for a step parent adoption.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 121,090
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 121,090
121,090 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I am looking at having parental rights terminated for the
I am looking at having parental rights terminated for the father of my son how can I go about doing this as he has not paid support since Aug and has abonded my son … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
If a petition for parental rights is brought upon a mother
If a petition for parental rights is brought upon a mother by a THIRD PARTY with no state involvement, does the third party have to offer the mother a case plan for reunification like the state would … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Can a father give up parental rights to an ADULT child to
Can a father give up parental rights to an ADULT child to stop paying child support arrearages? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
What are grand parents rights. My grand childs father is
What are grand parents rights. My grand childs father is trying to take away all visitation and take over complete custody of his son. My grand daughter has shared custody now. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
How can you apply for modification in child support in the
how can you apply for modification in child support in the state of Florida if your job has changed your income … read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
Illinois Statute of limitations on Back Child Support
Illinois Statute of limitations on Back Child Support Payments Arrears No statute of limitation after 7/1/97, the law limited enforcement of past-due child support judgements to 20 years. Therefore, a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
If a parents rights are terminated on one child, are they
If a parents rights are terminated on one child, are they automatically terminated on other siblings … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I would like to know if the child support amount is the
I would like to know if the child support amount is the lowest that it could be or if there is a possibility that it could go lower? The reason why I ask is because I scheduled a court hearing to modi… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
It about Child Support vs visitation Court order when he
It about Child Support vs visitation Court order when he don't pay all the time .. … read more
Sue
Sue
Juris Doctorate
244 satisfied customers
I already have a judgement for child support and visitation
I already have a judgement for child support and visitation and custody of my child, but they didn't do my divorce in the child support. Can I file for a divorce without bringing previous orders invol… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x