Asked in Family Law, Adoption and Child Custody for Tennessee

Q: What legal rights does a father, who is not named on the birth certificate, have?

I am the maternal grandmother of two boys. I gained custody in 12/2016 due to drug problems. Father has been in and out of jail for several years. Mother recently completed rehab and has legal issues due to drugs. I have not let the father have contact due to all the issues he has had in the past, including abuse of their Mother. At this point they don't ask about him or don't seem to remember him. They haven't seen him June of 2018. I certainly do not want to ruin everything we have with the boys. They are doing great and thriving. AND... what does it take to adopt the children?

1 Lawyer Answer
Denania Galloway
Denania Galloway
  • Memphis, TN
  • Licensed in Tennessee

A: Usually it takes a home study if non-relative adoption. In this case, you may be able to ask the court for an adoption and waive the home study. If both biological parents do not agree to the adoption, then you will have to do a termination of parental rights along with the adoption. There are different factors to prove the termination of parental rights. Those factors must include if the the parent/s have visited the children within the four months preceding the adoption filing and if they have provided support.

I would suggest you get in contact with an adoption attorney to get a more individualized approach to your request for adoption.

Anthony M. Avery agrees with this answer

1 user found this answer helpful

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