Legal Question in Family Law in Kansas

I have a six year old daughter whose father is not on the birth certificate, and has never paid child support or set up visitations. He has seen her some in the past but hasn't seen her for over 3 years now. The last time he saw her, a sexual abuse case was opened against him, but was closed because of unsubstantiated evidence. I am now pregnant and my daughter and I live in another country (Argentina) with my boyfriend. We bought a house here and are working on paperwork for residency. My question is, what rights does my daughter"s biological father have now that I am out of the country? Also, can my boyfriend adopt her or do we have to be married first? We are from Kansas so I don't know if laws from there would apply to us? Any help would be great. My daughters biological father is a bad person and I do not want him to ever be a part of her life. What are my rights and what can I do to protect her from him? We have not changed citizenship, we are just applying for permanent residency in Argentina.


Asked on 3/09/11, 6:48 am

1 Answer from Attorneys
Anthony Smith LawSmith

If there was a support and or Visitation Order from a court before you left KAnsas, that case woudl rule. IF that is the case, you may not be able to get the permanent residency approved without bio dad's approval. But, if there was no order sought before you left, then Argentinian law will probably prevail. If you intend to stay there, you should consult with an argentinian lawyer to see what can be done there. The US may honor an adoption entered there. But, Bio dad may be able to get it reversed, when and iff your daughter or you retrun to the US. If possible, you should get bio dad to agree to the termination of his parental rights and the subsequest adoption. If that is not possible, you may have to consult wiith the US embassy or nearest consulate for your options. If you boyfriend is Argentinian, and an adoption occurs there, you may nto be able to rerunt yoru daughter to the US without his permission, until she is 18, should you two ever break up.

Good luck

Read more
Answered on 3/09/11, 1:34 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kansas