QUESTION
How do I terminate the father's child custody rights if he disappeared for seven years?
Asked on Sep 19th, 2011 on Child Custody - Massachusetts
More details to this question:
We were married and even before the divorce his whereabouts were unknown. The last known anything on him was from 2003. He hasn't seen the kids in over 7 years and had no contact. How do I terminate his rights?
14 ANSWERS
Glen Edward Ashman
You can't. And there's no need to.
Answered on Jun 25th, 2013 at 12:13 AM
It depends on why you wish to terminate his rights. Do you wish to do so for adoption purposes? If so, you would go through publication? I would need to know your motive behind your reasoning.
Answered on Jun 23rd, 2013 at 10:30 PM
Divorce would be your first step.
Answered on Jun 21st, 2013 at 1:43 AM
Steven D. Dunnings
You can't. If he is not around, why worry about it?
Answered on Jun 21st, 2013 at 1:34 AM
It is difficult in Arizona to terminate his rights unless you have remarried and your spouse wants to adopt the children. If this is the case, you can file an action in juvenile court to terminate the father's rights on the grounds of abandonment. If the court determines that such abandonment has occured, the court can terminate his rights and that would allow you to move forward in applying for your spouse to adopt. If you are not remarried, you are still permitted to file a termination action on the grounds of abandonment, but the court usually does not like to terminate a parent's rights if there is not a stepparent prepared to adopt after the termination.
Answered on Sep 20th, 2011 at 9:36 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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If the child is adopted (by you and your new spouse) the biological father's parental rights are terminated.
Answered on Sep 20th, 2011 at 6:46 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Find someone to adopt your children and take over his responsibilities.
Answered on Sep 20th, 2011 at 5:57 PM
Gary Moore
If you husband wants to adopt your child, a court action must be started and a good faith effort must be made to locate the father before his parental rights can be terminated by a court.
Answered on Sep 20th, 2011 at 5:44 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can't in Colorado unless there is someone prepared to adopt the child.
Answered on Sep 20th, 2011 at 5:42 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You need to seek specific legal advise. However, termination of parental rights is a tough climb.
Answered on Sep 20th, 2011 at 5:27 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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Unless you have a stepparent willing to adopt them, then you will likely be unable to do anything. You should consult an attorney, however, to determine if he truly cannot be found, whether the ex can be declared or is dead, and any benefits your children may be entitled to.
Answered on Sep 20th, 2011 at 5:05 PM
While it can be sometimes done, under the circumstances your described, it is extremely difficult. Some Judges will not do it in situations such as yours. You will need to consult with an attorney regarding this issue.
Answered on Sep 20th, 2011 at 4:59 PM
Thomas Daniel Nares
You can do this by filing a motion for sole legal custody if you have or are in the process of being divorced. However, this does not terminate his rights completely. You can also bring a motion for termination of parental rights as a result of abandonment, either by way of a motion or if you have a new spouse and he wishes to adopt your child, then through a step-parent adoption proceeding. Hope this helps.
Answered on Sep 20th, 2011 at 4:57 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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You will need to file a complaint for termination of parental rights. You would need to accomplish service by publication in a local newspaper at his last known residence.
Answered on Sep 20th, 2011 at 3:12 PM