QUESTION
Is it possible to terminate parental rights of biological father?
Asked on Feb 28th, 2014 on Child Custody - Idaho
More details to this question:
I have a 4 year old daughter whose father I was in a relationship with but never married. We separated shortly after conception. For the first two years, he saw her 3-4 times, for a few minutes each. From age two on, he sees her on average every 4 months for a few hours, totaling between 28 and 32 hours per year. He has never called in between those times, from birth to now, to ask about her well being. He is in no treatment program/incarcerated and lives 1.5 miles away from our residence. He has never been reliable to keep up on court ordered child support and is currently 7 months behind and they are revoking his drivers license (self employed). I am married and my husband wants to adopt my daughter. The biological father said he would not sign away his rights. I have documentation of every visitation and phone call. I have asked him multiple times to try and see her more but he has not, and I have stressed the importance of her needing to know who her dad is. He has also refused multiple times to set up a visitation schedule. My husband and I just want what is best for her and want to pursue this adoption but are unsure if we even have a chance.
6 ANSWERS
The rights parents have are amongst the most cherished and inviolable rights within the law. Only in very compelling circumstances do Minnesota courts terminate parental rights. The vast majority of step-parent adoptions occur with either the non-custodial parent's consent or in circumstances where the non-custodial parent has passed away. Further, non-payment of child support or, in this case, severe delinquency in the payment of child support does not create compelling grounds for terminating parental rights.
Answered on Mar 10th, 2014 at 6:13 AM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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I would suggest talking to an attorney about the grounds for a severance petition. The fact that you have a husband who is willing to adopt will make it beneficial but you still first have to assess whether the visits he has made are enough to overcome an abandonment argument.
Answered on Mar 04th, 2014 at 8:13 PM
Bruce Provda
Have you filed a petition for child support? That might get his attention.
Answered on Mar 04th, 2014 at 8:10 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It wasn't up to the two of you to set up a schedule. This needed to be done through the court as a proper parenting plan. Neither of you took the initiative to do that. Given how little he has seen her, a court may well terminate his rights even if he doesn't do so voluntarily. The question is whether your husband wants to do this given that child support will end and likely you'll have to forgo the past due child support unless it's owed to the state.
Answered on Mar 04th, 2014 at 8:10 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You would have to prove he has abandoned her and it doesn't sound like it. However, the only person that can tell you your chances is a local attorney that does adoption.
Answered on Mar 04th, 2014 at 8:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have, or are approaching the statutory requirements for a revocation of his parental rights. Seek legal counsel. Given his general lack of interference, what is your actual complaint and goal?
Answered on Mar 04th, 2014 at 8:04 PM