Absent Father and Rights

[Jaysmummy]

Thought this was the best place to post.

My DD is 8. She has had little to no contact with her father since 18 months. From 18 months to 3 years he was away. And since then he's seen her around 3 or 4 times. The last time I told him this was his last chance and he saw her at least every other weekend as I wasn't going to have her being messed about. He saw her one day and then no contact til 6 months later, when I told him he'd had his last chance. This was 2 years ago.

Anyway, my question is as his name is on her birth certificate, is there anyway I can get his rights removed?

If anything were to happen to me I couldn't bear the thought of her going to him, if only temporary. Would this happen? Is there a way to prevent it?

 

[Mummy1995]

I have no idea hun, but I'd go to CSA and get legal advice so you know where to stand I have this worry as well, along FOB isnt on DD BC its still a massive worry xx

 

[Dezireey]

Not 100% sure (you would have to double check) but the Father being on the birth certificate = equal rights to baby. So yes, as far as I am aware, if something happened to you and you left no will, your little one would be given over to him and he would be legal guardian as he is the named father. I think you can get a court order to take him off the birth cert but this is usually only successful if the named father doesn't contest this and has no problem with you doing it. But, sadly, if he puts his foot down and says 'no way' to you taking his name off the birth certificate and even gets DNA done, he has the right to leave his name on there, sorry.

Your best bet is to draught up an airtight will with your solicitor, handing over guardianship to a family member or close friend if anything happened to you. You would also have to state reasons why you don't want him taking care of your child.

Its much easier to leave off a deadbeat Dad's name off a birth cert and then add it later on (if the FOB comes around or has an epiphany!) than to take the damn name off because frankly, these blokes that piss around, in a child's life, don't deserve to have their name on it.

 

[teal]

Would he be willing to give up his rights?

I agree about seeing a solicitor to have a will put in place

 

[Jaysmummy]

I really don't know if he would be willing. My instinct is no he wouldn't as he would insist that I have stopped him from seeing her but I don't see why he should be able to see her as and when he pleases.

Will look into the solicitor. Thanks ladies

 

[Dream.dream]

You have to see a lawyer , he can still come back a choose to use his rights at any point birth certificate or not , and if you want his rights terminated you have to serve him with papers for that, and its hard to get them taken from him .

Your best bet is to have a will drawn up staying your wishes for you daughter if you pass away