I have a bit of a complex issue and I wanted to ask you all for advice and maybe some of you can share your experiences on this issue if any of you have faced it. As most of you know I have been divorced for 2 ½ years and also have a 2 ½ year old daughter. I left my ex’s home when my child was 7 days old. He continues to live in the US while I and my child live in India. I have recently started going out with a guy who seems to be a nice man and marriage is definitely in the thoughts. As a consequence to that thought we have been talking about my child and how we can both protect my daughter and my husband to be from emotional damage in the future from my ex if he decides to come for visitation etc. We are thinking of asking him for Termination of his paternal rights so that my tobe can adopt my child and in the process make life so much normal and easier for my daughter. Especially because she is only two years and it would be nice for things to settle down for her now before she gets older. I don’t know how willing my ex will be for doing this. He doesn’t pay child support, he visited her once over the past 2 years, when he was at one of his visit to India (I tried to stop him and cut him off as I didn’t want that disturbance on an ongoing basis, and felt it was not in the best interest of my child to be having a person come into her life whenever he felt like it and call himself her dad, so he got the cops and came to my house, so I am sure he has some vengeance against me). Added to all this he lives in the US and me in India. He really doesn’t care much but I don’t know how willing he will be to give up rights and willing to let me be happy. Any advice on my situation on what can be done, how I should be looking at things and if this is even possible or if we are just wanting too much. Anyone with experience to share here will be of great help.
Happy to hear that your life is getting better with a new man and marriage etc. Great. Regarding your ex, why do you wnat to terminate his rights to see the child? Because he does not give money, it does not mean, he does not love his child? After all he visits her once in two years. Did he ever abuse your child? I don't know anything about your divorce. But stopping her seeing her own father is not right. I am sorry to say that. She may want to see him after she grows up. Are you planning to give her your new husband's last name? Is he ready to take all the responsibilities? Think hard before you do anything like that. Good luck CL.
Unless the father has refused his paternity rights during the divorce ,he has all rights to visit his child whenever he wishes. Since he came with cops to see his kid it seems that he will not easily give up his kid and is aware of his legal rights. You can go ahead with your relationship and your new spouse can adopt if the ex H waives off his paternity rights. But some day when the DD grows up you will have to reveal that her real father lives in US . Such things cannot be hidden . There was a similar case where the child was adopted by the step -father .But in the said case the father had waived off all his rights during the divorce to see the kid , so it was easy. Consult a lawyer as the surname has to be changed legally if adopted. All the best.
