QUESTION
If my daughter's mother has had absolutely no contact with her nor I in eight years can her rights be terminated?
Asked on Apr 24th, 2014 on Child Custody - Idaho
More details to this question:
Eight years ago, CPS had picked up my two year old from her biological mother and placed get in my full custody. Prior to that, we had joint custody. Mother was going down wrong path and was put into rehab. It's been almost 9 years where there has been no contact at all. No letter, no phone call, no visit. Nothing. My daughter just turned 12 and the mother has moved to our city. My daughter said last week that she saw her at her school with her other kids. She is trying to get to her at school but again had made no contact with me in over 8 years. Can her rights be terminated? I've been divorced now for 2 years to my ex wife who was my wife at the time that I gained custody and has raised her since. And she also continues to be mom. Need done advice? Thank you.
4 ANSWERS
Parents rights are not terminated in the abstract. In your situation if you have a new wife who is willing to adopt then termination of the mother's rights is possible. If you have a custody order already in place then perhaps you need to look into trying to modify it, depending on what it says about visitation.
Answered on Apr 28th, 2014 at 4:21 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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No you can't terminate her rights since there is no one to adopt your daughter. However, if the mother is stalking the child at school you can get a protection order to keep her from doing that. It sounds like there is nothing in place to allow her to see the child. If there is, you need to have it modified on the basis that she has had no contact with the child in 9 years.
Answered on Apr 25th, 2014 at 12:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you contact an attorney, yes most probably the biological mothers parental rights could be terminated given the fact that there has been no visitation done no support over that period of time. The case however is much more complicated given the fact that your ex-wife is now acting as the parent for her non-biological child. If this becomes contested, it could become complicated.
Answered on Apr 25th, 2014 at 12:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You might have been able to do it last year and maybe still now. But if mom gets back in touch and wants to be mom, it may be difficult to terminate her rights. You will have to prove abandonment and with her reappearance, that may be difficult. Your ex-wife has nothing to do with it since I don't see a judge allowing and adoption after you have been divorced.
Answered on Apr 25th, 2014 at 12:05 PM