Paternity/adoption question

[hagatha]

Soc,

Facts are: My daughter is pregnant, due in Dec.

Baby's bio-father is currently in jail primarly for DV against my daughter.
He is being chardged with:
1. Agg assult against D
2. Agg assult against an unborn (he threatened to kill the baby)
3. Terroristic threat
4 Simple assult
5. Unlawful Restraint (he physically held her in his room and wouldn't allow her to leave)
6. False imprisonment ( he also locked all the doors to prevent her from leaving)
7. Harrassment
8. Over 22 counts of contempt of a RO

He was on parole when the DV incident took place and has to do all his back time.

Also He was wanted in a neighboring county for Agg Assult, Terroristic threats, and a variety of other charges.

If convicted of all charges in 2 different counties, we assume he will be upstate for the forseeable future.

My Daughters best friend has stated he would be agreeable to assume the role of Dad. Be it by adoption or signing the BC and cirtifcate of paternity.

Question ...

1. If this friend should sign cirt of paternity can the bio father petition the court to assume paternity and if so is it feasible a court would entertain sch a motion?

2. Would it be better to establish parernity and petition for step-parent adoption all at the same time?


The Witch
 
Remember . . . KARMA is a Wonderful Thing!!!!!

[socrateaser]

>1. If this friend should sign cirt of paternity can the bio
>father petition the court to assume paternity and if so is it
>feasible a court would entertain sch a motion?

If the real father comes forward in a timely manner and chellenges the paternitiy of the child, he may win, regardless of his criminal acts. Being a criminal is not necessarily a blank check to deprive a father of his parental rights.

This is not to say that a court might not deprive this father of substantially all his custodial rights, either. But parental rights terminations are rare, unless the parent abandons the child or consents to an adoption.
>
>2. Would it be better to establish parernity and petition for
>step-parent adoption all at the same time?

It would be better to try to get the consent of the bio father before doing anything.  If he's as much of a mess of a person as your post describes, he'll probably take $100 cash to sign a voluntary adoption consent affidavit.

As a practical matter, if the bio dad has no idea that this child is his, then you have nothing to lose by trying to substitute another father. However, this substitute parent should know that he is signing up for a potential 18 years of child support payments, and personally, if I were representing him, I would kidnap him at gunpoint in order to prevent him from doing so.