terminating parental rights
I am needing to find out if there is a way to terminate my ex-husbands parental rights . He just got out of prison and we have a 4 year old together he has not been in his life to much due to going to jail so often, in our divorce agreement that he filed from prison he gave me full custody but gave up no rights to his son now that he is out he will not pay me the back child support as he said he would and still wants to see his son . I told him no, I think I'm doing more harm than good by letting him see my son. I am now remarried and my husband wants to adopt my son but i need to get him to give up his parental rights . he says no and he will see me in court . I'm terribly scared that if the court gives him visitation he will take off with my son to another state . I don't know what to do.
1 Answer from Attorneys
Re: terminating parental rights
You are entitled to file a motion to terminate parental rights if he was ordered to pay child support in the decree or other court order and has failed to do so for a period of 1 year or more. Failure to pay is one ground to terminate rights....be advised however that it does not trigger automatic termination of rights. Additionally, was he granted any visitation in the decree (since he was in custody at the time) If not, then you have no "legal"obligation to allow him to visit with your son. What you have to keep in mind; however, is that you know him better than anyone else and pursuing legal action may make things worse...but then again, your obligation to your child, moral and legal, is to do whatever is in the best interest of that child. Good luck!