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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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We are adopting a child in Pa, the mother signed the paperwork

Customer Question

We are adopting a child in Pa, the mother signed the paperwork giving up her parental rights. The birth mother is not married to the father, he was not involved during the nine months gave no monetary support or saw the mother. The father didn't sign the papers giving up his rights. Several attempt have been made by our lawyer to contact the father with no success. The state of Pa approved the adoption as did the state of New Jersey. The child is with us in NJ. I understand the mother has 30 day to change her mind after she signed the paperwork (72 after the birth) giving up her rights. My question is how long does the father have before the Pa signs the order saying the father has no rights to the child?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
1) Is the biological father's name on the birth certificate?
2) Were there attempts to formally serve the father at all, or not? Perhaps via substituted service?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
1. No father was named on the birth certificate
2. We meet with the wife, and he didn't sign the papers, the mother only has his name and cell number, no address we have not served paper yet and don't have an address home or work to serve. We have called is cell ~ 12 times and left voice mails with no response. The birth mother informed use that the father is married with 5 children and his wife does not know of the child.
Expert:  Ely replied 2 years ago.
Thank you.
Technically, he is not listed on the birth certificate, so he is not even formally the father.
At this point, he technically can file for visitation any time before the child is 18. He is unlikely to be able to void the adoption, however.
I am going to venture a guess here that the father had an affair, and wishes not to be reminded of it, have his wife find out, or have it in his life AT ALL, so hence his complete and utter non-response. Given that, it would be HIGHLY UNLIKELY for him to do this in the first place, anyhow.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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