QUESTION
Can I terminate my ex’s rights if he hasn't seen the children in six years but is still paying child support?
Asked on Nov 02nd, 2012 on Child Custody - Alabama
More details to this question:
My ex always made visitation difficult. He would want to switch days, cancel visitation, bring the kids back late so I finally told him to stop coming, he did. It has been six yes since they have seen him but he is paying court ordered child support.
14 ANSWERS
Leonard A. Kaanta
No, you can't.
Answered on Jun 18th, 2013 at 10:25 PM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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A judge will need to determine whether it is in your children's best interests to terminate the father's parental rights. Unless there is someone seeking to adopt and support the children, it is unlikely that the court will grant the termination of rights. The court is likely to view the child support as something the father should be obligated to continue paying and termination of rights would relieve him of that obligation.
Answered on Nov 12th, 2012 at 10:23 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No. The only way is to do an adoption if you are remarried for at lest 6 months.
Answered on Nov 06th, 2012 at 12:43 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Public policy will generally prevent that unless there is a potential adoption situation. Instead you should modify the parenting time order that is not working now.
Answered on Nov 04th, 2012 at 2:06 AM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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no. It is the kids' right to know their father. Absent any history of abuse, the Court will be very reluctant to deny any parenting time
Answered on Nov 04th, 2012 at 1:59 AM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The only way to terminate his rights is through a step-parent adoption. You have to be married for at least six months for this to occur.
Answered on Nov 04th, 2012 at 1:57 AM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No, you can't terminate his parental rights, but if you could, his obligation to pay support would also terminate.
Answered on Nov 04th, 2012 at 1:54 AM
Michael Paul Vollandt
Not in California. You might want to file a RFO suspending visitation for him based upon the 6 year hiatus.
Answered on Nov 04th, 2012 at 1:54 AM
You can't terminate because he did not abandon the kids. You did that by telling him to stay away. He is still supporting his loss on spite of what you did. Is that really in the best interests of your children to take their dad away just because it may be inconvenient for you?
Answered on Nov 04th, 2012 at 1:53 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Why terminate rights if he isn't involved? Is his absence the same as having termination? In PA, you cannot terminate unless someone is committed to adopting the child. You should consult with and retain an attorney.
Answered on Nov 04th, 2012 at 1:43 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, you cannot terminate his rights.
Answered on Nov 04th, 2012 at 1:41 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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It is his child and unless there's a stepfather to adopt then his rights will most likely not be terminated. It is a shame for your child that his father is not in his life because you told him not to visit. You may want to take the child to a therapist so the child doesn't feel abandoned by the father. Kids know they have two parents and often think its their fault the other parent doesn't come around. At least he is paying child support unlike so many people. If his rights were terminated support would stop.
Answered on Nov 04th, 2012 at 1:32 AM
1 Award
No. Probably not.
Answered on Nov 04th, 2012 at 1:30 AM
In Alabama you could file to have the child adopted by a new spouse or relative who would intend on being a father-figure for the child. During the process of adoption the biological father's rights may be terminated. This is typically done with 6 months no contact.
Answered on Nov 04th, 2012 at 1:30 AM