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Bookluvr06

Taking away non-custodial parental rights

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My daughter is now 3 1/2  years old now. Her biological dad has not seen her since birth and not been helping with: living expenses, day care, health insurance, nothing.  Child support recently took him to court because he has owed so much. Now they are making him pay.  I would like to start the process of taking his parental lights away because I'm worried about her being placed with him in the event of something fatal happening to me.  He doesn't hold a job and is involved in illegal hobbies. But since the mandatory payment has been in effect,he recently made a small payment for child support.  Since he is now paying will this be a negative affect in the process of taking his rights away? And I'm not sure how to start this process. I can't lose my child and am extremely against him even taking her for visits. I don't want her near him. 

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Your message begs the question, if this man is really as bad as you say, why did you choose to have a child with him?

 

Termination of parental rights (TPR) is a very hard goal to accomplish.  Basically you will have to present compelling evidence that the father's behavior is so bad that it places your daughter's health and/or safety in jeopardy, and that the chance of his reforming is virtually nil.  A history of unemployment and participation in "illegal hobbies" (whatever that means) just don't rise to that level of egregiousness.  What you have said is that if you die you'd prefer your child to remain an orphan -- or even a ward of the state -- that to have even supervised contact with her father.

 

To answer your question, I'm inclined to think the fact that he pays court-ordered child support will have little if any effect on a TPR case.  I suggest you consult with a local family law attorney to discuss possible options for the care of your daughter in case anything happens to you, based on your unidentified state's laws and your particular circumstances.

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Hi @Bookluvr06

 

Welcome to the community and thanks for posting! As others have suggested, you may want to speak with a family law attorney. Certainly you can push to be formally awarded sole legal and physical custody of your child. As others have mentioned, it is more difficult to have parental rights entirely terminated.

 

For a free consultation with a family law attorney, you can click here, or use the FindLaw Lawyer Directory to find qualified attorneys in your area.

 

Best of luck and keep us posted!

The FindLaw.com Team

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On 11/19/2016 at 2:10 PM, Bookluvr06 said:

I would like to start the process of taking his parental lights away because I'm worried about her being placed with him in the event of something fatal happening to me.

 

Are you anticipating that you will die in the foreseeable future?

 

In any event, his parental rights cannot be taken away for this reason.

 

 

On 11/19/2016 at 2:10 PM, Bookluvr06 said:

I can't lose my child and am extremely against him even taking her for visits. I don't want her near him.

 

Then you shouldn't have chosen to have a child with him.  Your post does not give any reason to believe he is interested in visitation or that you are reasonably likely to "lose" your child.  However, if the father decides he wants to be part of his child's life, he will be free to seek visitation, and you will be free to oppose it.  We have no way of predicting how that might turn out.

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This decision is something that needs to be taken care of. Not that is something I want out in the open but my job deals with dangerous unknown daily. The pregnancy was a suprise and was found out a couple of months after a split. He wasn't the guy he claimed to be. He had been unemployed and number of years, he has psychological issues which are unknown, a bad record, and I did mention his unsafe hobbies. All which would make him an unfit parent.  I'm not asking to be criticized just for advice. 

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On 11/26/2016 at 9:37 PM, Bookluvr06 said:

This decision is something that needs to be taken care of. . . .  I'm not asking to be criticized just for advice.

 

No one's criticizing you, but choices have consequences.  For example, when you have unprotected sex, you are, in effect, choosing to have a child (although a child obviously won't result from all instances of unprotected sex).  When you choose to conceive and give birth to a child that results from unprotected sex with a man who turns out to be a schmuck or whom you didn't bother to get to know well first, courts don't typically look very kindly on claims that "my kid's father is a rotten guy."  With that being said, a court isn't going to terminate a parent's rights simply because the other parent has misgivings about the first parent's abilities as a parent.  In other words, you chose to have a child with him, and no court is going to terminate his parental rights just because you now regret your decision.  Like it or not, he's your kid's father.

 

Where a parent isn't a part of his/her child's life, there's typically only one way to obtain termination of parental rights:  if you are married and your husband wants to adopt your child, it may be possible to have the father's rights terminated.  Of course, the specifics depend on the applicable state's law (including whether this would be possible with someone other than a spouse).  Since you haven't identified your state, we can't provide any information in this regard.

 

As far as your job being dangerous (and assuming you want to continue with that job given that you have a kid), the only thing you can do is specify in your will (or some other document) your preference about a guardian for your child if you die before she reaches the age of majority.  Such an expression of preference isn't binding, but a court may give it significant weight.  Again, consult with a local attorney.

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