QUESTION

When can I file for abandonment of parental rights?

Asked on Oct 30th, 2013 on Child Custody - Ohio
More details to this question:
When can I legally file for an involuntary removal of parental rights against the noncustodial parent during a continuous abandonment lasting over 3 years while noncustodial parent is incarcerated or otherwise while parent whereabouts are unknown?
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4 ANSWERS

Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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A person can not "abandon" his rights. You can not terminate a parent's right's unless another person, via adoption, is willing to assume those responsibilities and the court terminates the parent's rights. If the other parent has abandoned the child, there is also no point in asking a court to terminate if no one else is picking up the tab. Only court's can terminate parental rights as with termination there is also an absolving of responsibilities. As long as the other parent is a legal parent, he/she has a duty of support (assuming he/she is established as a legal parent) which becomes an enforceable judgement every month.
Answered on Nov 05th, 2013 at 5:43 AM

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In Arizona there is a statute which provides for the termination of the parental rights of a biological parent. Here is a link to the statute: http://azleg.state.az.us/FormatDocument.asp?inDoc=/ars/8/00533.htm&Title=8&DocType=ARS You should consult with an experienced termination/adoption attorney in your area to review your options.
Answered on Nov 05th, 2013 at 2:18 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Usually a year will suffice.
Answered on Nov 04th, 2013 at 5:36 AM

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Family Law Attorney serving Independence, OH at Abel & Zocolo Co., LPA
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There is no such procedure in Ohio. If neither parent is fit, the County may seek permanent custody and terminate parental rights. Otherwise, parental rights may be terminated by a step-parent adoption through the probate court. A voluntary failure to pay support or visit would supply the necessary consent.
Answered on Oct 31st, 2013 at 9:36 AM

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