Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Question: I live in Missouri and I have a child that is over a 1 year old. The biological father and I were never married and he has never paid child support and I don’t want any from him. Can I change the child’s last name to mine and can I terminate his parental rights? He did sign a statement indicating he is the father. I would like to know what my options are. Thank you and hopefully you can answer my questions.
Answer: Generally the courts do not terminate parental rights unless there are serious problems with that parent’s ability to parent, no matter their level of involvement. The only exception to this general rule is that if the custodial parent is remarrying, and the new spouse wishes to adopt the child, AND if the biological parent agrees to the adoption, then the court may terminate the biological parent’s rights to allow the adoption to move forward. But short of that scenario, you would almost certainly find it impossible to terminate his rights.
