Legal Question in Family Law in Massachusetts
terminating a willing fathers rights
I have a 5 year old daughter who has never met her biological father. He is ordered to pay child support which he occassionaly does. I am also married to a man who has helped me raise my daughter. My question is that if the father wants to terminate his rights can he sign her over to me? My husband and i may be separating so we don't plan on him adopting my daughter. Can I take sole responsibility for my daughter or do i need to have a husband adopt her? Her biological father wants nothing to do with her and wants me to have his rights terminated. I'm ok financially and wouldn't need to go on any public assistance and i want to know if this is a possibility. Thanks in advance.
2 Answers from Attorneys
Re: terminating a willing fathers rights
Your daughter's biological father can terminate his parental rights with the permission and Order of the court.
Your present husband does not have to adopt your daughter. The termination of your daughter's biological fathers rights is independent of any adoption issues.
I hope this answers your question.
Re: terminating a willing fathers rights
Your daughter has a right to be supported financially and emotionally by BOTH of her biological parents, unless and until adopted by others. You can not unilaterally terminate her father's rights nor his duties to your daughter. She has a right to be supported by him financially and you have a duty to her to see that she is not limited to what you alone can provide. Perhaps if he was required to regularly pay child support, he would not be as quick to say he "wants nothing to do with her", which if he has said it to you, hopefully has not been reported to her. Good Luck!
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