QUESTION

Can parental rights be taken away if a parent is not in a child's life for several months?

Asked on Feb 21st, 2014 on Child Custody - Louisiana
More details to this question:
I separated from my ex on January 2013. He has paid child support 3 months since and left the country for 3 months without giving me anything for our child. I take care of my child full time and provide everything for my child. He is verbally abusive therefore I do not communicate with him. He does call every day, but I do not pick up the phone. I believe he should not have any rights to my child as he forgot about his existence when he felt like it. Please let me know if I have a case and can possibly get sole legal and physical rights.
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3 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It doesn't sound like you have a case yet. The phoning everyday is his attempt to maintain contact. You are actually the "bad" person her by not letting him have it. It doesn't sound like you have a custody order in place yet. Without it, he has as much right to have custody of your child that you do. I think your best bet is to file a petition for custody and child support. Somewhere down the line if you have a new person in your life who marries you, you would have a better shot at terminating his parental rights. Having said all that, when you talk with a local attorney about the custody order, ask about termination. There may be a fact that you have not mentioned that might weigh in its favor.
Answered on Feb 25th, 2014 at 4:28 PM

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Bruce Provda
It sounds as if he has been trying to make contact. What you might do is petition for the missed child support. If he loses his parental rights, there will be no further child support ordered.
Answered on Feb 25th, 2014 at 4:28 PM

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Personal Injury Attorney serving Marksville, LA at The Bryan Law Firm L.L.C.
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Under Louisiana law, parental rights can generally only be terminated by the state (for instance in a case of child abuse or neglect) or in an adoption proceeding where a parent has failed to (1) Communicate with a child, or (2) Failed to comply with a court order of support, for a period of over 180 days without just cause. Usually this ground for terminating parental rights comes about with an intrafamily adoption, where a step-parent, grandparent, or aunt/uncle is adopting the child.
Answered on Feb 25th, 2014 at 4:20 PM

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