Can I terminate the parental rights of my child's father?

Question

Can I terminate parental rights of my kids father if he hasn't been around in over 4 years and has recently appeared and contacted one of the kids without me knowing. I have had the same contact information for the last 6 years and he has not contacted me. My kids have been through a lot because of him leaving and I don't want him in their life. My husband of 7 years wants to adopt them since he has raised them most of their lives.

Gavin Doi · Answer

If your husband is willing to adopt your children, this may be possible.  An adoption would install your husband as the new father and terminate the biological father's rights.  If the biological father consents to the adoption, this can be a smooth process.  If the biological father objects however, this will be a contested adoption, and things can get much stickier.  Often times, if the biological father was previously ordered to pay child support and has thus accumulated a large amount of delinquent support, they may be amenable to the adoption in exchange for clearing some/all of the delinquency.

Mark Petersen · Answer

Yes you have an opportunity to terminate the biological father's parental rights. I recommend that you contact a local family law/adoption attorney to review your entire case with him/her. The failure of the biological father to maintain a normal parent child relationship for one year or more or his failure to provide support for the children are grounds to terminate his parental rights. Where you are remarried and your current spouse is willing to adopt the children, there is a probability that the court would grant the termination and adoption unless the biological father has maintained a normal parent child relationship.

Seth Schraier · Answer

Possibly.  According to Social Services Law  384-b(5)(a), a child is deemed "abandoned" by his parent if during the 6 month period prior to the filing of the petition "such parent evinces an intent to forego his or her parental rights and obligations as manifested by his or her failure to visit the child and communicate with the child.  Some courts have held that a single evidence of parental interest such as a letter or phone call from a parent during the relevant six month period would preclude a judicial finding of abandonment.  So, a court could find that the contact during a 6 month period prior to filing a petition precludes a finding of abandonment.  On the other hand, termination of parental rights on the grounds of abandonment has been found even when there has been an occasional communication with the child during the six months immediately prior to the filing of the petition.  In order to prevail in an abandonment termination, it must be shown that the parent failed to visit or communicate with the child "although able to do so." The fact that your contact information has remained the same strongly supports this.

Melvin Franke · Answer

Hire a lawyer to have your new husband adopt the children

Lynda Leblanc · Answer

Talk to a local attorney about step-parent adoption and do it right away.  This is the only way you can terminate his rights, and him coming back in the picture now complicates things.

Roianne Houlton Conner · Answer

In order to terminate the rights of a parent you must prove to the Court that the parent has failed to support and maintain the child and it is in the best interest of the child to be adopted.

John Kirchner · Answer

Not unless you are remarried and your husband is attempting to adopt the child.  Termination in connection with the adoption will result either from father's consent or from a judicial finding of nonsupport and/or abandonment.  You should consut an attorney to learn more about your options.

Marc John Weinpel · Answer

It depends on more facts.  Has he supported the children in the last 4 years?  If you have grounds, no contact, no support, etc. you can file a Petition for Termination and Adoption which accomplishes both.

James Lentz · Answer

The way to terminate parental rights is through the adoption of the children by your husband.  Please see a domestic relations attorney to discuss how that will help you.

Gregory Crain · Answer

If he has not paid child support during this period.

Steven Ferguson · Answer

The father's failure to provide child support as ordered by a court, or commensurate with his income if no order exists, or a failure to maintain a relationship with the child can both be grounds to allow a step-parent to adopt the child, provided that the non-support or lack of a relationship has occurred for twelve of the past fourteen consecutive months.

Mary Milek · Answer

The termination would need to be done in conjunction with the adoption.  Only a judge can terminate the rights of the father.  Also, a Guardian ad Litem will need to be appointed to make sure this is in the best interest of your children.  It sounds as if you have a good case for abandonment, but his recent appearance makes your timing look suspect.

Cassandra Savoy · Answer

You can not decide that a parent is not longer a parent because he has not contacted his /her children for a while.  If you want to manage contact with the other parent, I suggest that you file a motion with the court to establish a parenting schedule.

Bruce Arthur Plesser · Answer

Go to court and seek the relief you seek.

Alan Pransky · Answer

You can file an adoption action which, if allowed, will terminate his parental rights.  However,if he opposes the adoption, the court may not allow it.

Elizabeth Jones · Answer

You can file for a Step Parent Adoption and termination of the bio dad's parental rights based on abandonment.

Daniel J. Pingelton · Answer

You can in connection with a step-parent adoption. You can do it by consent or as an adversarial process alleging abandonment. You'll need a lawyer for this.

Dean Esposito · Answer

Your husband can file a petition to adopt the children. If the father will not sign a consent to the adoption, you can have the court terminate his parental rights if he has not paid support or communicated with the children for 6 months or longer.

John Brennan · Answer

There is a possibility to have a biological parents rights regarding their child or children extinguished.  This can be done voluntarily in a case such as you outline where another party is willing to adopt a child or children, and it is also possible in certain circumstances where the biological parent has effectively abandoned the children and, therefore after a court hearing, his or her rights.

Frances Headley · Answer

You can proceed with a step parent adoption and the court will certainly take into account the lack of contact with the children.  You should discuss all of facts of your situation with a family law attorney to determine how best to proceed.

Michael Edwards · Answer

Your current husband can adopt the children, if your ex's parental rights are terminated.  It would be simplest and cheapest if he would agree to relinquish or give-up his parental rights.  You should talk to a competent adoption attorney, to pursue your options in this case.

Mark Brown · Answer

If your husband seeks to adopt, the birth father will be given notice and an opportunity to consent or to oppose.  You should contact an attorney in the county in which you reside who specializes in adoptions to obtain additional information about that process.

Steven D. Dunnings · Answer

You can attempt a step parent adoption. Usually the minimum is six years of no contact, no support from the biological father.

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