Ligonier, PA asked in Adoption, Family Law and Child Custody for Pennsylvania

Q: I had my children out of wedlock fathers is on the birth certificate and also singed the. Paternity. Does he have rights

e also hasn’t been in their lives for over 5 years, the last time he asked to see them was August 1 2014 or 2015, he doesn’t pay his court order support, and now after 5 years and that he’s “clean” he thinks he come right back into their lives... do I have to let him, I have a man that has raised them for two years and wants to adopt them. This is all in the state of pa

1 Lawyer Answer
Cary B. Hall
Cary B. Hall
  • Divorce Lawyer
  • Norristown, PA
  • Licensed in Pennsylvania

A: Yes, he has parental rights . . . unless and until a court terminates them. You can certainly file a petition asking the court to involuntarily terminate his parental rights -- and at the same time, your new man can file a petition to adopt the children. In fact, a court will NOT terminate a parent's rights to children unless there's someone else ready, willing and able to step into parental shoes. Realize, however, that if the court does exactly as you ask, your new man will have all the parental rights to the children that their biological father has right now.

Best of luck to you.

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