QUESTION
How do I strip my son's father of his parental rights?
Asked on Sep 03rd, 2011 on Child Custody - Arkansas
More details to this question:
My son is 5 years old and he has not seen his biological dad ever since his dad lost visitation rights because he stopped showing up at the visitation center. He never tried to get his rights back. My son's father now lives in Africa. How can I strip him of his parental rights? Does this qualify for abandonmant laws?
11 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The only way to eliminate a father's rights is to remarry and have your new husband adopt your son. If the father has had no contact with the child for a year and paid no support for a year, you do not need his consent for the adoption.
Answered on Sep 12th, 2011 at 9:20 AM
Roianne Houlton Conner
You must file for a termination of the parental rights.
Answered on Sep 12th, 2011 at 8:30 AM
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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You can seek to terminate his rights through the family court. You can visit the local self-help center or consult an attorney for assistance in getting your ducks in a row.
Answered on Sep 12th, 2011 at 7:50 AM
Bankruptcy Attorney serving North Muskegon, MI
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Holmes Law Office
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You can file a petition to terminate his parental rights. If you have contact with him and he consents that will make it easier. Michigan will also presume abandonment if there has been no contact or support for 2 years.
Answered on Sep 12th, 2011 at 6:42 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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In America we do not "(S)trip the rights" from a parent absent extremely good cause. You can ask the court to cancel any shared parenting plan and to make you the sole residential and custodial parent. Please see a domestic relations attorney near you.
Answered on Sep 09th, 2011 at 1:08 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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There is no procedure in Colorado allowing a parent to terminate the other parent's rights nor to terminate his/her own rights. Parental rights can only be terminated in connection with adoption by someone else or in a child protection case initiated by the State through the Child Protection Division.
Answered on Sep 09th, 2011 at 12:49 PM
Glen Edward Ashman
Assuming you're in Georgia, since you posted on a Georgia site, he has no parental rights to see the child unless he previously legitimated the child. Since he's out of the country and not seeing the child anyway, it would be foolish to serve him, get his attention, and give him a ways to seek visitation. So doing nothing is a smart strategy (since termination is almost never done anyway).
Answered on Sep 09th, 2011 at 12:45 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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It may be abandonment but you'd have to raise that in an adoption proceeding.
Answered on Sep 09th, 2011 at 12:28 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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Abandonment is a legal term for a parent who has not had significant contact for at least one year. It sounds like you are in a very tough situation emotionally - and I understand you want to protect your child from being hurt. At this point, Dad is not in his life - and there is little fear Dad would regain any significant custodial time if he did return. That said, do you really want to put in the time and expense of an abandonment action? Other issues to consider: Your son may one day want to know his father. You can continue to collect (or be owed) child support regardless of whether dad sees him. Dad may one day wake up and become a decent parent which would benefit your son (I know... doubtful...). Another consideration is that courts favor two parents, so without an adopting dad they may be reluctant to terminate the rights of dad one. I know you're angry and you are feeling like Momma Bear - and you are valid in your feelings. Just consider the cost-benefit before acting, and make a reasoned and informed decision.
Answered on Sep 09th, 2011 at 12:28 PM
There is no such thing in California as abandonment laws. He still has an obligation to pay child support, and if you do not have a court order for child support you should attempt to get one. You should be awarded sole legal and physical custody.
Answered on Sep 09th, 2011 at 12:25 PM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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In Arkansas a non-custodial parent can lose their parental rights if they go a year or more without seeing and supporting their child. You would need to file a petition with the court to do this though.
Answered on Sep 09th, 2011 at 12:14 PM