QUESTION
Do I file for child support or take his parental rights away?
Asked on Oct 22nd, 2013 on Child Custody - South Carolina
More details to this question:
I have a question that really needs an answer. I am a survivor of Domestic Violence. We are seperated with no chance of reconcilation. My ex plead guilty to Aggravated Assualt in the Second Degree. DSS gave me full custody with visitation at my descrition. I have asked for it to be suprivised, due to his violent nature and drug problems. His terms of probation has a no contact order expect with an intermediatary for visitations. He has violated his probation by coming on my property without a scheduled visitation or intermediatary. He has also had issues with following his terms of probation. He has no income and is probably going back to jail. My question is would it be more beneficial to me to go ahead and try to take his rights or file for child support since I know I will never get it? Our children have not expressed any interest in him. In fact the one that witness the most violence is terrified of him. What should I do?
1 ANSWER
2 Awards
Firstly it is difficult to terminate someone's parental rights. There are ways to do it, but none are as easy as it may seem. It is possible to terminate rights based on his past albeit unless he proves himself otherwise. Parental rights can be terminated if the parent fails to visit the child for a 6 month period or fails to pay child support for a 6 month period. I would advise setting up child support so that you will have evidence that he has not paid in the event you decide that it is in the children's best interest to terminate his rights. Generally, the court does not like to do this, but for good cause since the children will then be legally without a father.
Secondly, it is easier to terminate parental rights if there is a step-parent that is willing to adopt the children. Simply for the reason that the children will not be left fatherless, but has someone to step into the parental role. Again, this is all contingent on the circumstances that I mentioned above.
Answered on Nov 05th, 2013 at 7:01 PM
This response is general in nature and should not be considered legal advice.