QUESTION
How long do you have to wait to take the other parents right away after granted custody?
Asked on Feb 15th, 2014 on Child Custody - Rhode Island
More details to this question:
I received custody of my daughter after her mother and boyfriend failed there drug tests. I gave the mother every other weekend visitation but she has only come once since July when I won custody. She never contacts me to check on our daughter and when I ask her if she will be showing up for her visitation she simply does not reply back. Could I take her back to court so soon and just take away her rights? When I won custody the judge asked me if I wanted her rights taken but I said no. I was hoping her mother would change but so far it doesn't appear as she will.
3 ANSWERS
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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It sounds as if you have a basis to file an action to terminate her parental rights. You should consult with an experienced Arizona termination/adoption attorney to review your facts.
Answered on Feb 20th, 2014 at 8:37 PM
4 Awards
Since the Judge indicated s/he would consider it, you can look into a very seldom used procedure that allows termination of parental rights in District Court. Consult with a local attorney about how that works. Best wishes.
Answered on Feb 19th, 2014 at 7:18 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If you think that it would be detrimental to your daughter to all of a sudden have the mother start exercising the alternate weekends then you should modify the visitation order. If your daughter is young, she will not have a bond or relationship with the mother after a while and it may be best if the visits are short daytime only visits or even supervised initially with someone who is familiar to the child.
Answered on Feb 19th, 2014 at 4:53 AM