Hello. My situation is a tad bit complicated, as it involves two separate states, Indiana and Ohio.
Situation/Issue:
I am trying to terminate parental rights for my daughter's absent biological father, but Legal Aid of Western Ohio said the only way to do so is if she has someone adopt her upon termination. It is against my beliefs to marry (not religion-personal choice). I want to terminate parental rights because he is a drug addict who has told people he wants her if i were to pass away. She would get SSI and Social security. He is not capable of taking care of her and has 2 other children he has abandoned. I am afraid (if anything happens to me) he would get custody of her upon my death. I have a long term boyfriend (I am against marriage) who I want to have custody, him or my sister.
Background:
INDIANA
My daughter was born in 2001 and I was 18. Her father and I were never married, and he was not present for the pregnancy and actually wanted an abortion. He seen his child one time when he signed the paternity affidavit.
March 2002 a judgement of paternity was issued for my daughter (father did not appear). Paternity was established, and court ordered custody to mother, he has parenting time, ordered to pay 40.00 per week for child support and 50% of insurance.
No contact with father after court date, and mother moved to new state as of January 2004. Mother attempted to contact father, to no avail. (later found out he was incarcerated). Needed insurance for child, as child was diagnosed as being deaf.
OHIO
Mother granted SSI for child in Ohio, on foodstamps as well. Child is considered disabled.
Contact made in 2006 and visit to Indiana was instigated by mother. Visit supervised and another made in 2006, also supervised. Father disappeared until 2007.
Contact made again by mother, visitation (supervised) in Ohio happened in June of 2007. Last time father seen child.
Contact made again in 2009. Wanted to see child, but unable to come to Ohio. Verbal agreement was made: I told him that he was able to visit but he had to meet three conditions a) Learn ASL b) Update child support agency and c) consistent contact. He agreed to terms yet he has failed each condition.
Courts set a petition for contempt on 7/222011 for non-payment of child support in INDIANA. he did not show, as he was currently in jail. continuance
Another continuance ordered on 9/16/2011
Nothing has happens since this day.
No contact until 2012, father found on Facebook, messages sent, and promptly ignored.
Issues:
1. Daughter is Deaf and the biological father does not know or is willing to learn American Sign Language
2. Biological father is addicted to heroin (family members have notified me of this, was in the hospital of overdose at one point and caught with paraphernalia).
3. Homeless
4. Has been convicted of battery and assault. Has been incarcerated for this charge, and also been charged and convicted of theft and incarcerated for this. Charges dropped for an attempted rape, attempted child molestation and sexual battery of a minor.
5. Has not contacted me (mother of child) in regards to daughter on any occasion, all contact (6 visits in total) were instigated by mother-all prior to 2007.
6. Has not seen daughter since 2007.
7. Is in arrears for child support for 16,301.05 as of 7/21/2011
According to the state of Ohio, I need to be married and someone needs to adopt the child. Is jurisdiction in Indiana? How do i go about filing for termination (according to the form "circumstances that are grounds for termination of parental rights Rev. Stat. 2151.414 this situation meets three of the criteria; The parent has demonstrated a lack of commitment toward the child by failing to regularly support, visit or communicate with the child when able to do so, the parent has abandoned the child, and the parent is repeatedly incarcerated, and the repeated incarceration prevents the parent from providing care for the child.
Also, chronic mental illness, emotional illness, mental retardation, physical disability, or chemical dependency makes the parent unable to provide an adequate permanent home for the child.
Please let me know if i can terminate parental rights. I am so scared she may end up with him, if anything happens to me. I am under the poverty line and I cannot afford a lawyer. I have saved enough money for filing a form but not sure what I need to file, and if it I will even win.
Thank you guys SO MUCH!!!
~KMorgaine
Situation/Issue:
I am trying to terminate parental rights for my daughter's absent biological father, but Legal Aid of Western Ohio said the only way to do so is if she has someone adopt her upon termination. It is against my beliefs to marry (not religion-personal choice). I want to terminate parental rights because he is a drug addict who has told people he wants her if i were to pass away. She would get SSI and Social security. He is not capable of taking care of her and has 2 other children he has abandoned. I am afraid (if anything happens to me) he would get custody of her upon my death. I have a long term boyfriend (I am against marriage) who I want to have custody, him or my sister.
Background:
INDIANA
My daughter was born in 2001 and I was 18. Her father and I were never married, and he was not present for the pregnancy and actually wanted an abortion. He seen his child one time when he signed the paternity affidavit.
March 2002 a judgement of paternity was issued for my daughter (father did not appear). Paternity was established, and court ordered custody to mother, he has parenting time, ordered to pay 40.00 per week for child support and 50% of insurance.
No contact with father after court date, and mother moved to new state as of January 2004. Mother attempted to contact father, to no avail. (later found out he was incarcerated). Needed insurance for child, as child was diagnosed as being deaf.
OHIO
Mother granted SSI for child in Ohio, on foodstamps as well. Child is considered disabled.
Contact made in 2006 and visit to Indiana was instigated by mother. Visit supervised and another made in 2006, also supervised. Father disappeared until 2007.
Contact made again by mother, visitation (supervised) in Ohio happened in June of 2007. Last time father seen child.
Contact made again in 2009. Wanted to see child, but unable to come to Ohio. Verbal agreement was made: I told him that he was able to visit but he had to meet three conditions a) Learn ASL b) Update child support agency and c) consistent contact. He agreed to terms yet he has failed each condition.
Courts set a petition for contempt on 7/222011 for non-payment of child support in INDIANA. he did not show, as he was currently in jail. continuance
Another continuance ordered on 9/16/2011
Nothing has happens since this day.
No contact until 2012, father found on Facebook, messages sent, and promptly ignored.
Issues:
1. Daughter is Deaf and the biological father does not know or is willing to learn American Sign Language
2. Biological father is addicted to heroin (family members have notified me of this, was in the hospital of overdose at one point and caught with paraphernalia).
3. Homeless
4. Has been convicted of battery and assault. Has been incarcerated for this charge, and also been charged and convicted of theft and incarcerated for this. Charges dropped for an attempted rape, attempted child molestation and sexual battery of a minor.
5. Has not contacted me (mother of child) in regards to daughter on any occasion, all contact (6 visits in total) were instigated by mother-all prior to 2007.
6. Has not seen daughter since 2007.
7. Is in arrears for child support for 16,301.05 as of 7/21/2011
According to the state of Ohio, I need to be married and someone needs to adopt the child. Is jurisdiction in Indiana? How do i go about filing for termination (according to the form "circumstances that are grounds for termination of parental rights Rev. Stat. 2151.414 this situation meets three of the criteria; The parent has demonstrated a lack of commitment toward the child by failing to regularly support, visit or communicate with the child when able to do so, the parent has abandoned the child, and the parent is repeatedly incarcerated, and the repeated incarceration prevents the parent from providing care for the child.
Also, chronic mental illness, emotional illness, mental retardation, physical disability, or chemical dependency makes the parent unable to provide an adequate permanent home for the child.
Please let me know if i can terminate parental rights. I am so scared she may end up with him, if anything happens to me. I am under the poverty line and I cannot afford a lawyer. I have saved enough money for filing a form but not sure what I need to file, and if it I will even win.
Thank you guys SO MUCH!!!
~KMorgaine
