I have custody of my 7 year old daughter and have had custody since she was 2 ever since her mother left and her mother has been in-and-out of jail 3
Asked on Sep 25th, 2019 on Child Custody - New Jersey
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I have custody of my 7 year old daughter and have had Cush the since my daughter was 2 when my ex wife decided to leave there is a child support case going on and my ex wife does pay child support when she decides to get a job or when she is not in jail And she has been in jail 3 times over the past 5 years since leaving me and my daughter so I was wondering how long she would have to be without contact to our daughter before is it is considered abandonment to the point where I could revoke her rights
Thank you for your question. I am sorry that you have been dealing with this situation on your own. Unfortunately, there is no automatic revocation of a parent’s legal rights. To petition for a parent’s right to be terminated you have to go to a trial to establish how will the revocation of the mother’s rights would be in the best interest of the child. It would be your burden to establish and it’s a high burden to meet because parental rights are protected in the statute and supported by case law. Please speak to an attorney if you have more specific questions but to answer the question it is extremely difficult to terminate parental rights unless there is a title 9 proceeding or a voluntary relinquishment of right for adoption purposes.
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