Legal Question in Family Law in Maryland

termanation of parental rights of absent father

my child has never seen her father . he has never sent any money to help for anything . never filed for child support because dont know where he is. my child is 8 years old and i want complete total custody but does he have to be located or can i have his rights termanted? he is not on birth certific but 5 years ago when he was in jail he did have dna done thru social services and yes he is her father but still never sent any type of help at all or seen her she dont even know he exsists


Asked on 2/29/08, 11:28 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: termanation of parental rights of absent father

If you are not interested in seeking child support or don't feel it's practical to do so, I suggest you do nothing. Until a court determines legally through a paternity action that he is indeed the father, he has no parental rights anyway, and it doesn't appear likely that he will be asserting any. If you are in a new relationship and he wants to adopt her, you could file an adoption petition for him and if granted, that would have the effect of terminating the bio father's parental rights.

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Answered on 2/29/08, 11:47 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: termanation of parental rights of absent father

You have provided a positive environment for your daughter and the father has not contributed in any meaningful manner. Your question asserts that a DNA test has proven paternity. Given this the father has rights to pursue. The father could be granted visitation with the child. Procedurally there is a challenge of showing that the father had an opportunity to represent his rights. Even though you may not be able to locate him this should not dissuade you from establishing a judicial order over custody and support. Contact me should you want to move forward with obtaining an order.

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Answered on 2/29/08, 6:47 pm


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