QUESTION
Can I terminate my kids’ father's rights due to his mental instability?
Asked on Dec 21st, 2013 on Child Custody - Utah
More details to this question:
He has manic depression and is not on medication for it. Recently been arrested for domestic assault causing bodily injury (which is why we are divorced). He hasn't seen the kids in three months and plans to sign his rights over but he cannot afford a lawyer. I don't feel safe if he were to come for his visitation with the kids.
6 ANSWERS
Bruce Provda
You would have to petition the court and present facts of the condition.
Answered on Dec 24th, 2013 at 3:38 PM
Based on these facts, you can get orders to restrict his visitation. You will have to file a motion with the court. He cannot just sign over his rights. If neither one of you have the money to hire a lawyer, go to the Family Law Facilitator at the court house, and ask for help.
Answered on Dec 24th, 2013 at 3:38 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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You can but should wait until a year has transpired without any visit or support to strengthen your case
Answered on Dec 24th, 2013 at 3:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is he working? Is he seeking medical help? Does he have any sort of relationship with the children? Are you receiving government assistance? The court is unlikely to terminate the rights solely because of his medical condition. Also, if you are receiving government assistance, the state will want him on the hook for child support. You might also. However, talk with your divorce attorney and see what the possibilities might be.
Answered on Dec 24th, 2013 at 3:37 PM
4 Awards
The law favors having two parents for the children. Generally, he cannot relinquish or sign away his rights unless you have a current spouse/stepfather willing to adopt, with whom the children have resided for more than six months. You can visit with a lawyer about other options, such as a protection order or modification of his parenting time, to ensure safety.
Answered on Dec 23rd, 2013 at 9:48 AM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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In Utah: You cannot terminate parental rights because of a parent's disability, but you can seek termination if the disability causes the parent to be a danger to the health, safety, and/or life of the child. So if your ex-husband suffers from manic depression and won't/can't be treated, you should succeed in terminating parental rights if you petition for termination in court.
Answered on Dec 23rd, 2013 at 9:29 AM