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My child's father has not been involved in her life much. She is 5 and has severe developmental delays diagnosed as Fragile X Syndrome. He was not around the first two years and has only had contact with her a couple times the last 3. He has never helped me financially and she has no idea who he is. The last time he saw her was 6 months ago and she called him daddy because everyone told her to. She thinks that is his name. She calls me by name because that's what she hears and I'm her mom. She has the mind of a 2 year old. She repeats what she hears. Well anyways he has shown no interest in her and has not tried to see her once in 6 months and has not tried to contact me. We moved and he didn't even bother to find out where. Can I have his rights terminated without his consent? I'm concerned that if he keeps walking in and out that it will have an emotional effect on her and she deals with enough already.
4 ANSWERS
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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First, your move without his knowledge or consent could become a problem if he makes an issue of it, as you acknowledge he has parental rights, which include visitation (your past and present legal relationship to one another and him to the child is not clear, however, so I am assuming he has been established as the father legally and has visitation rights). Second, if he is disinterested, have him agree in a writing prepared by counsel that he gives you full custody rights to the child. You can't get his rights terminated without his consent absent a court order.
Answered on Aug 26th, 2013 at 11:13 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can ask the court to terminate his rights based on abandonment, but that may not happen. The court might go along if he consents, but I doubt it. The better approach is to get a court order giving you both physical and legal custody and requiring him to pay child support.
Answered on Aug 26th, 2013 at 11:11 AM
No. You cannot terminate his rights without a court hearing and his opportunity to be heard. He has a constitutional right to be a parent. You also would need a husband to step in and adopt the child Have you thought about opening a child support services case so that he starts to support his child?
Answered on Aug 26th, 2013 at 11:03 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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No. This question appears so often. Unless he agrees, he is her father for life.
Answered on Aug 26th, 2013 at 10:56 AM