Friday, January 18, 2008

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Can dissolve or annul the paternity of a father? Or could a father give up his paternity? Another query

The query was:
  • Dr. Dolphin, I shared life with a man for just over 7 years, family life but never married. After this time we parted without no child involved. At 2 months apart and I decided a reconciliation was pregnant and then parted forever. My child is 4 years old and attends his father's nest but barely and not without a fight by phone or email deposits a monthly pension. Initially he did for 9 months and sometimes fails to send for 2 months and something else. This situation has me tired. But my biggest problem is this: He never received love from his father, his father has told me many times to tell her that is dead or that its function is only passive, not involved in anything related to my child. By sending a pension plan is sufficient. Recently my son had to take an entrance examination for college and did not accept they said I needed psycho therapy. I told this to Father and told me that nothing can be done, their role is passive and also think that I manipulate the situation to my advantage. Even asked if he could talk to the school only psicolaga of that said his role is passive. My query is: I would like my son grows up mentally healthy, than a man who drag psychological problems, he knows that his father is nowhere to never see or play with him and is no longer sufficient to say that this is because Daddy works . WANT to give up the paternity of my child and not cause more problems, I delete it from our lives. Is it possible?. But I want to indemnify for the damage. There is this?. I could play this without a problem because he does not live in Peru but I wish no contact with him in any sense. Thanks, Isabel.

Dear Isabel.

Thanks for your inquiry and we will respond with the greatest pleasure.

In principle, though you do not mention it, I presume that the child was recognized, otherwise you would not consider this issue.

Can a father give his paternity?

the family relationship that arises from the recognition is final and unchallengeable, unless the biological father were different, and in that case, you as a mother, on behalf of the child, could exercise the right of lower court to establish the true paternity.
So, to your specific inquiry, that the father waived his paternity, "the answer is that it is legally impossible.

The 'parental rights'

However, the relationship between a father and his children is defined in legal terms as "parental authority", and what you could do without dissolving into the bond of parenthood is to request that deprived the father of "custody." In doing so, the parent will lose their right to freedom with her son, but keep your duty as a father and must continue to provide for food and other expenses.

emotional damage the father's absence

Another important issue is the emotional damage that you expose. To be diagnosed by competent professionals in legal proceedings may sue the father bear the costs of therapy involving their child in addition to the maintenance to which it is bound.

Council

My advice is to legally claim the loss of custody to the father of her child. In addition, to establish a maintenance, that obligation can and should include paternal grandparents. Finally, we must also demand the cost of therapy for your child to regain emotional health.

remember that they must also consider the possibility that the parent meets the obligations arising from an injunction, you have in mind that not serve a sentence if it can not be certain of the father's domicile, income and its property. So my suggestion to include paternal grandparents, who have the same obligation as the father if he can not assume it properly.


I hope I helped.

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