Chicago, IL asked in Family Law for Indiana

Q: After 2 years of no contact, does the father have paternal rights? (No contact since pregnancy)

I have 2 sons, (from different fathers) one is 4 and the other is 2. Neither of the fathers have been in contact since the beginning of my pregnancies. Do they have paternity rights? And if they do, how to I get them removed?

Related Topics:
1 Lawyer Answer
Charles Candiano
Charles Candiano
  • Chicago, IL
  • Licensed in Indiana

A: Has paternity ever been established? Are the fathers listed on the birth certificate? Do you receive any state aid for either child? Is there a child support Order in place for either child? What is your motive to divest either father of his paternal rights? Do you suspect that either of the fathers intends to assert his paternal rights? These and other questions need to be addressed with a family law attorney.

If neither father has been in contact with the child since birth, it is impossible for either father to have done anything to harm the child. No Court will divest either parent of his/her parental rights without Notice and a Hearing. That said, paternal rights can be voluntarily relinquished under certain circumstances (e.g. the custodial parent remarries and his/her spouse wants to adopt and provide for the child).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.