Charlotte, NC asked in Family Law, Adoption, Child Custody and Child Support for South Carolina

Q: I’m having a baby with another man but plan on marrying my current fiancé of 7 years does that terminate bio dads right

The biological father has been emotionally abusive and unstable on whether he wants to be a part of the child’s life. I have stopped all contact with biological father because of this. I plan on doing an adoption and want to know if he will be able to fight against the adoption if child is born in wedlock of non-biological father.

1 Lawyer Answer

Cheryl Ann Truesdale

Answered
  • Divorce Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month period, that can be grounds to terminate that parent's parental rights. However, the failure to visit or support cannot be the result of refusal to accept support or allow visitation on the part of the custodial parent. Of course, the putative father can also execute a relinquishment of his parental rights and consent to adoption in lieu of a contested hearing to prove that he hasn't visited or supported for a continuous six month period.

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