QUESTION

What would be the best course of action for sole custody/abandonment/termination of rights?

Asked on Feb 02nd, 2014 on Child Custody - Idaho
More details to this question:
I am a single mother to a wonderful 8 year old boy. I divorced his father in 2009. My son was 3 at the time. Since then, there has been little to no contact from his father. For a couple of years, my ex-husband sent the obligatory Christmas gift and called once or twice per year. My ex has never made any effort to see my son or be involved in his life. Additionally, I have neither asked for nor received any child support; I simply wanted him out of our lives. This past year was completely devoid of any contact. One issue that has consistently bothered me throughout the years has been the necessity to have my ex's signature on certain documents; inasmuch as he is not involved in any aspect of my child's life - including financially - this does not seem right. I would ultimately like to have sole custody of my son.
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5 ANSWERS

From the information you have provided it would appear that an action to terminate his parental rights might be successful.. I urge you to consult with an experienced termination/adoption attorney in your area to review these facts, and discuss the possibilities.
Answered on Feb 07th, 2014 at 2:06 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney, you have outlined a good case.
Answered on Feb 06th, 2014 at 11:45 AM

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Family Law Attorney serving San Rafael, CA at Warren Law Group PC
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The approach to modifying custody depends on your court's county. I would approach differently the "recommending" and "non-recommending" counties. However, I would first contemplate the phrase "Let sleeping dogs lie." If you bring a modification action, you might just motivate dad to want to get more involved.
Answered on Feb 04th, 2014 at 10:38 PM

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You need to file a Motion for Sole Residential and Legal Custody. You have an excellent case. If you ask for child support, you will only receive support dating back to the day you filed for custody.
Answered on Feb 04th, 2014 at 10:37 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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What you want is to terminate the father's parental rights. If you can prove that he has abandoned your son for a year or more and you have the ability to provide for your son without government assistance, you may be able to do that. You need to talk with a local attorney to help you figure out if it can be done.
Answered on Feb 04th, 2014 at 10:36 PM

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