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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116707
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter is 8 months old. At the beginning of the pregnancy

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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?
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.

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Customer: 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.
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