Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My ex is on my daughters birth certificate, he does not pay…

My ex is on...

My ex is on my daughters birth certificate, he does not pay child support, and has not seen my daughter in 3-4 years. I have married to my now husband for 4 years and we have a son together. My husband has helped me take care of my daughter since she was about 6 months old. My husband wants to adopt her. What rights does her paternal father have?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Arkansas

Lawyer's Assistant: Has anything been filed or reported?

I bought the adoption papers a few years ago. That's it though.

Show More
Show Less
Ask Your Own Family Law Question
Answered in 7 minutes by:
8/19/2017
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
Verified

Hi there. My name is ***** ***** I'm a licensed attorney. I'm reviewing your question and will respond shortly.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
Thank you

Please keep in mind that all information shared is for educational purposes only.

Once your new husband adopts your daughter, her biological father will have no rights in her parenting. Because of this, you will have to terminate the rates of the biological father prior to her stepfather adopting her. You can do that by filing a Petition for Termination of Parental Rights along with your new husband's Adoption Application. This can be done with the biological father's consent or without. I'll outline both procedures here.

Sometimes, the biological father will consent to the adoption and the termination of rights. Sometimes he'll agree because it will terminate his child support obligations. If he does, he can fill out the form found here, personalizing it for this specific set of circumstance.

If he does not consent, you will have to demonstrate to the Court that your ex is not involved in the life of his child. In Arkansas, you must prove that he has given implied consent by not visiting or supporting the child within the last six months, or that he left the child with another guardian without maintaining any type of communication regarding his care or support. Evidence that child support is in arrears, if applicable, can help provide evidence for your position.

When you go to court, the judge will look to see if the parent is unfit and whether it is in the child's best interest to sever contact with this parent. Any evidence regarding drug or alcohol abuse, criminal problems, financial instability or other factors regarding his unfitness will help your case.

This is a complicated motion, and you would benefit from the assistance of an attorney to help you draft it. Here is a list of pro bono attorneys in Arkansas who may be able to help you draft your Petition for Termination of Parental Rights and Adoption Application.

If I've fully answered your question, I'd appreciate a five-star rating. Otherwise, please let me know how else I can assist you.

lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
Experience: Attorney
Verified
lawyerJ and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask lawyerJ Your Own Question
lawyerJ
lawyerJ
lawyerJ, Lawyer
Category: Family Law
Satisfied Customers: 177
177 Satisfied Customers
Experience: Attorney

lawyerJ 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

11,971 satisfied customers

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

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 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.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Is this a live chat? Maryland. Here is some background... My
Here is some background... My husband has been a single father to his 6 year old son since he was a few months old. The mother is not in the picture, she sees him 2-5 times a year, and she lives within 15 minutes of us. Recently, he did two at-home paternity tests on him and they both said he had 0% probability of being the father. Which we suspected because his son looks completely black/African and my husband is a fair-skinned puerto rican man. We want to know, since she is not in the picture hardly ever, and this year alone has only seen him twice (once in january and once in june) what can we do about getting her rights taken away completely so that I can adopt him?… read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
I'm going thru a divorce. My daughter was born in Nebraska
Hi. I'm going thru a divorce. My daughter was born in Nebraska and her dad's name is ***** ***** birth certificate not my estranged husbands. He is trying to fight me for her when she isn't his. Isn't… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
Okay my Ex husband and i where Divorced in early april in
Okay my Ex husband and i where Divorced in early april in 2015. I got pregnant April 18th 2015. We got back together end of June 2015. He knew i was pregnant,by someone else. He swore and begged me to… read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
In 1998 my ex girlfriend n I broke up...but had relations from
In 1998 my ex girlfriend n I broke up...but had relations from time to time for about a month....during that month she was involved with another man....9 months later gave birth 2 a little girl....the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
My son has a 2 1/2 year old daughter whom he hasnt seen for
My son has a 2 1/2 year old daughter whom he hasn't seen for over a year. He and the mother never married or even lived together. They were both 18 when the child was born. My son didn't sign the birt… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
Also, to add to all of the guardianship issues, do I need to
Also, to add to all of the guardianship issues, do I need to involve her biological father? Only my name is ***** ***** birth certificate. However, when she was about 3 months old I applied for Medica… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
how to put this in a nutshell... what is the name of the form/petition
how to put this in a nutshell... what is the name of the form/petition I/my husband need(s) to file so that he has parental rights to our son? Our 3 yr old son is his biological child (we also have DN… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My daughter-in-law conceived my grand-daughter with my son
My daughter-in-law conceived my grand-daughter with my son but was not legally divorced. She was legally divorced when she gave birth and her ex-husband signed a waiver to have my grand-daughter liste… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Need help with a possible visitation case between California
Need help with a possible visitation case between California and Arkansas. My daughter was born in California in 2002 with only me (the mother) on her birth certificate. I went through a paternity pro… read more
socrateaser
socrateaser
1,031 satisfied customers
My daughter was born in Ohio 4 years ago. I was married at
My daughter was born in Ohio 4 years ago. I was married at the time of her birth, but was separtated from my husband for over a year, she is not biologically my husbands child. My husband knew that sh… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I want to be a legal grandparent to my step-granddaughter.
I want to be a legal grandparent to my step-granddaughter. I don't want my daughter-in-law to terminate her parental rights. I want to be recognized by the law as being the legal grandparent, not a st… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
i ive in pennsylvania. i cant find out what the law is here
i ive in pennsylvania. i cant find out what the law is here on removing the wrong father on birth certificate and how long do i have to do it. i was married (but speterapter verbaly between us) at the… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
My son was born 6 years ago. His biological father and I were
My son was born 6 years ago. His biological father and I were never married. He signed the birth certificate, never asked for visitation, but he was forced to pay child support through arkansas child … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,141 satisfied customers
I recently married the mother of my 12 Yr old son. We live
I recently married the mother of my 12 Yr old son. We live in Louisiana now. We were together in 1999 for about a year,& she moved to her mothers in Georgia. She moved back here to La. when my Oldest … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My wife Sarah has a son from her first marriage and I want
My wife Sarah has a son from her first marriage and I want to adopt him. The story is, when the biological father was married to Sarah he never keep a job and was always disappearing for weeks at a ti… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
65 satisfied customers
my daughter is married, but her husband is not the father of
my daughter is married, but her husband is not the father of her daughter, nor has he adopted her. my daughter has apparantely chosen her drug addiction over her kids. We have not seen her in over two… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
How can I adopt my wifes son that Ive raised since he was
How can I adopt my wife's son that I've raised since he was a year old? her ex-husband is the "legal" father, though not the biological father, the bio Dad won't talk to my wife so we don't know how w… read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My son is marrying a young girl on the 27th of dec. he has
My son is marrying a young girl on the 27th of dec. he has some questions. She is 3-4 months pregnant. It is not his. When the baby is born, since they will be married and she is putting his name on t… read more
Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
J.D. (Juris Doctor)
46 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