QUESTION
Can her rights be taken away and if so how do I do it?
Asked on Sep 12th, 2012 on Child Custody - Alabama
More details to this question:
I have full custody of my two children and their mother chooses not to see them nor call. It has been a year now.
10 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I would leave things alone. The longer she fails to exercise custody or visitation, keep records, the less likely she will get much if any in the future.? The only real option is step- parent adoption.
Answered on Sep 18th, 2012 at 10:17 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You cannot terminate her rights, unless you are married and your current wife adopts the children..
Answered on Sep 18th, 2012 at 10:17 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The mother's rights will not be terminated unless there is a petition to terminate and someone else to adopt. However, if by full custody you mean a court has given you full time residential time with no time to the mother, then that is the order that rules the case. It sounds however, like she has time she can see the children, but has chosen not to exercise that time. If that's the case, you can go back to court and ask the court to impose some conditions reconciliation counseling, before she can see the children unsupervised, given the amount of time that has passed. There is no advantage to terminating her rights.
Answered on Sep 18th, 2012 at 10:16 AM
If you have full custody then there's nothing to do. Not unless you mean you do not have legal custody of the children. If this is the case, we can file a Petition for custody so that you can obtain full legal custody.
Answered on Sep 18th, 2012 at 10:15 AM
Michael Paul Vollandt
Need to know if Mother has sent any child support or tried to send any before I can assess your question. Generally, it is difficult to terminate a parent's rights based on what you have told me.
Answered on Sep 18th, 2012 at 10:14 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. You do not do that, the state does under proper circumstances. They do not exist here, although you can try to file a private petition for termination of parental rights, you will undoubtedly lose.
Answered on Sep 18th, 2012 at 10:12 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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A parent's rights can only be terminated by a judge as part of an adoption case or as part of a child abuse/protection case.
Answered on Sep 18th, 2012 at 10:11 AM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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A court has the authority to terminate a parents parental rights, however they will generally not proceed unless there is a step-parent adoption proceeding in process.
Answered on Sep 18th, 2012 at 10:11 AM
Yes, during the adoption process. In Alabama, an adoption can be granted with 6 months of limited or no contact. During the adoption process the biological parent's rights are terminated.
Answered on Sep 18th, 2012 at 10:00 AM
In many jurisdictions grandparents are afforded the right by statute to seek visitation rights under certain circumstances. Usually those rights must be established by an action filed by the grandparent before they may be asserted. When the grandparent does not take much interest in the child the best thing that a parent can do is to lay low and not stir up anything.
Answered on Sep 18th, 2012 at 10:00 AM