Can I get my ex husband''s rights terminated because he is in jail and has drug and alcohol issues?

Your children have the right to receive financial support from their father. Unless you have remarried and your husband is willing to adopt your daughters, it is not likely that the court will terminate their father's rights. Based upon the circumstances you've described, it appears there has been a material change in circumstances since the entry of the court's last order. You could file a motion to have the court review or amend the order. The forms are available from your local juvenile and domestic relations district court clerk's office. You would: (1) describe the current custody/visitation order; (2) describe what you want the order to be (sole legal/physical custody with no visitation to father; and (3) why you want the order changed. In a hearing, you would first need to prove that there has been a material change in circumstances, i.e. father's incarceration, substance issues; then you would need to prove that modifying the current order is in the best interests of the children. The above response has been provided for general guidance on matters of interest only and is not intended as a legal advice. No attorney-client relationship has been created between the reader of this response and The Law Office of Karen M. Holman, PLLC.