unvoluntary taking away parental rights

[caringmommie]

I have a 4 year old son,I have always fought with his father over child support and as soon as I started getting it. He gets arrested for murder and burglary thats two felonies he is still awaiting trial but I keep in touch with the courts and they definetly have a case. He already has one felony charge from a couple years ago.....that's 3 strikes if convicted. He was also on probabtion for battery when this happened so he also has violation of probabtion, I want to have his parental rights taken away. I heard there is voluntary and nonvoluntary ways of taking his parental rights away,would this qualify.......also do I need to file for legal custody if I do get his parental rights taken away?

 

[carney]

There is a voluntary and nonvoluntary way of taking rights away. The voluntary means the father has to sign the paperwork agreeing to it. The nonvoluntary means you go to court over it but if he is in jail and unable to show for the court date, I don't know if they would grant it. I don't see why he wouldn't want to sign the papers if he is going to jail for a long time. While he is in jail the child support still adds up and if he ever got out he would owe that money, so I would think that he would be willing to sign the papers. You still have to go through a lawyer which ever way it goes. I would talk to him and ask if he would be willing to sign the papers and tell him that the child support will keep adding up while he is in prison and see what he says. If he says no way, then if he's going to jail for what sounds like a long time anyway you have time to decide what to do.

 

[Duranie]

You can ask him to terminate rights, he does not have too. Unless there is a step father willing to adopt, a termination might not even be granted.

If you file for child support, he is going to want to see the child. It seems to me dealing with him is not worth it. Even if you do not terminate, maybe he will disappear if he ever gets out of prison. It's not like he will ever get a goob job to pay CS anyways.

A couple states recently have passed rulings that if a parent is going to be locked up
for 5 years or more, you can petition to terminate rights. In one of the states, Iowa, it does not say anything about a step-parent adoption. If you are unmarried the courts still may be reluctant to do this.

Please see an attorney to ensure this is done right.

 

[caringmommie]

I wish that it was that easy. I think that just to spite me he would say no.Either way he has not been convicted and I did check with California law and it would qualify under nonvoluntary if he is convicted and is going to be put away for a long time. So I think it might be a waiting game for me right now. But I definetly want legal custody now just in case anything was to happen. Thank you