Washington, DC asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Puerto Rico

Q: How long does my son's father have to be absent to be considered abandonment, and terminate his parental rights?

We are not married. His name is not on the birth certificate. I have proof he denied the baby, refused involvement, left &moved states during the pregnancy. I have proof that he refuses to tell me where he is. I offered him a DNA test which he also refuses. He has not offered any financial help, or items the baby needs. He has an ongoing documented history of mental illness that requires hospitalizations, &ongoing medication. He has a documented history of self medicating through drugs when off his medication. He is abusive when not treating his mental illness. There is a history of domestic violence towards my other child (who is not his) and myself during the pregnancy. I can show proof of the domestic violence through current physical scars on my child&I, photos, &hospital paperwork.

2 Lawyer Answers
Jose M. Rivera Santos
Jose M. Rivera Santos pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Ponce, PR
  • Licensed in Puerto Rico

A: Greetings:

You'll have to file a parental filiation or parentage case and all the case related to it. These type of case are very technical, so we advice you to hire legal representation.

If you have any other questions, feel free to contact us. We will be glad to be at your service.

Nelson Jose Francisco Alvarez-Aponte
  • Criminal Law Lawyer
  • Carolina, PR
  • Licensed in Puerto Rico

A: Hello and thank you for using Justia. There is an old staying, " No news is good news". This applies to your case. If he has not claimed afiliation, is not on the birth certificate nor never married to you he has no legal parental rights thus you have the full custody and "parens patria" of your Child.

According to the information you wrote, I donot think you want to get him involved. Even though you and your Child have a legal right to obligate him to respond and asume his paternal rights and obligations as the father of your Child, pay Child support, visit with your Child and leave him the Inheritance it would be in your and your child's best intrest to carefully evaluate if you really want to claim your legal rights or if it is best to wáit until and if the biológical Father claims his paternal rights.

If you need additional information please feel free to contact me directly.

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