Termination of parental rights

Little will

New Member
Jurisdiction
Maine
I have been divorced now for 7yrs & obatianed physical custody of my child 6months after being born thru the courts. No child support ordered, she wasn't working and is an addict of pretty much any kind of drug she can get her hands on
It has been since August 8, 2014 since she has seen the child. She left the state & went to NY w/o informing me, got arrested 3X for prostitution.
I am considering obtaining sole custody of my son they the courts. How does sole custody affect her rights as a "parent" ? Can she come back in the future an obtain any kind of rights ? Is there any rules/laws pertaining to "addicts" & "rehab" , that may help her in fighting sole custody. I consider it "abandoned" him.
Thank u
 
Yes, even with sole custody, the mother could file to have visitation established at any point.

"Termination of Parental Rights" is another process altogether that without the State being involved is not going to happen.
 
I have been divorced now for 7yrs & obatianed physical custody of my child 6months after being born thru the courts.

What does "born thru the courts" mean?

I am considering obtaining sole custody of my son they the courts.

In the first sentence of your post, you wrote that you "obatianed [sic] physical custody," so I'm not really sure what you think "sole custody" will get you that you don't already have.

How does sole custody affect her rights as a "parent" ?

Maine's child custody laws are found in Part 3 of Title 19-A of the Maine Revised Statutes. I took a very quick and cursory look through them but didn't see the term "sole custody" defined, so all I can do is suggest you read through the statutes carefully and consult with a local family law attorney. The other thing that isn't clear to me is what you want to accomplish. You have "physical custody," and the other parent has made an appearance in the child's life in three and a half years. What do you want that you don't already have? You said that you're "considering obtaining sole custody," but you apparently don't know what that means, so I'm not sure why you're considering it.

Can she come back in the future an obtain any kind of rights ?

Your child's mother's parental rights are the same as yours except as stated otherwise in your divorce decree. Until and unless a court permanently terminates her parental rights, she will have the ability to seek an arrangement that is different from the existing arrangement.
 
I have been divorced now for 7yrs & obatianed physical custody of my child 6months after being born thru the courts. No child support ordered, she wasn't working and is an addict of pretty much any kind of drug she can get her hands on
It has been since August 8, 2014 since she has seen the child. She left the state & went to NY w/o informing me, got arrested 3X for prostitution.
I am considering obtaining sole custody of my son they the courts. How does sole custody affect her rights as a "parent" ? Can she come back in the future an obtain any kind of rights ? Is there any rules/laws pertaining to "addicts" & "rehab" , that may help her in fighting sole custody. I consider it "abandoned" him.
Thank u


If you want to be left alone, to live with your child in peace, read this:


(idiomatic) To leave things as they are; especially, to avoid restarting or rekindling an old argument; to leave disagreements in the past. Eventually, they decided it would be best to let sleeping dogs lie and not discuss the matter any further.
 
I have been divorced now for 7yrs & obatianed physical custody of my child 6months after being born thru the courts. No child support ordered, she wasn't working and is an addict of pretty much any kind of drug she can get her hands on
It has been since August 8, 2014 since she has seen the child. She left the state & went to NY w/o informing me, got arrested 3X for prostitution.
I am considering obtaining sole custody of my son they the courts. How does sole custody affect her rights as a "parent" ? Can she come back in the future an obtain any kind of rights ? Is there any rules/laws pertaining to "addicts" & "rehab" , that may help her in fighting sole custody. I consider it "abandoned" him.
Thank u

She never had to inform you she was leaving the state if she's the noncustodial parent- unless your court order said she had to. Have you had joint custody or sole custody? I see you want sole custody so I guess it's been joint?

She still has her parental rights even if you get sole custody. Parental rights aren't terminated unless the parent voluntarily relinquishes them (which most judges don't approve) or the court strips someone of their rights (usually pretty severe cases).

She still has her parental rights and she could file for visitation at any time she wants. Yes.

No there aren't laws that pertain to addict parents.

Abandonment in Maine:

Title 17-A, §553: Abandonment of child

Title 22, §4002: Definitions

Those are Maine abandonment laws.

I'll give you an example - not in Maine. My ex husband didn't show up for our divorce proceedings. At all. I got a default divorce. He also didn't do the online parenting class. So he has no visitation because he didn't do that and still hasn't. But he still has parental rights. He also owes child support and is extremely behind on all four kids he has. He can always file for visitation if he decides to do the parenting class and go to mediation. But he is an addict (meth) and has been in and out of jail and rehab our daughter's entire life. 4 times since Dec 2012 to rehab. Jail end of 2014 for two months. Probation 2 years for assault. Jail last summer. Jail since Oct and now in prison and pending another charge. Right now visitation is at my discretion - but he could always show up someday and say or show he's "clean" and "sober" and he'd get some visitation.

There's a low threshold for parenting in this country. People get more chances than they deserve to be a parent.
 
She never had to inform you she was leaving the state if she's the noncustodial parent- unless your court order said she had to. Have you had joint custody or sole custody? I see you want sole custody so I guess it's been joint?

She still has her parental rights even if you get sole custody. Parental rights aren't terminated unless the parent voluntarily relinquishes them (which most judges don't approve) or the court strips someone of their rights (usually pretty severe cases).

She still has her parental rights and she could file for visitation at any time she wants. Yes.

No there aren't laws that pertain to addict parents.

Abandonment in Maine:

Title 17-A, §553: Abandonment of child

Title 22, §4002: Definitions

Those are Maine abandonment laws.

I'll give you an example - not in Maine. My ex husband didn't show up for our divorce proceedings. At all. I got a default divorce. He also didn't do the online parenting class. So he has no visitation because he didn't do that and still hasn't. But he still has parental rights. He also owes child support and is extremely behind on all four kids he has. He can always file for visitation if he decides to do the parenting class and go to mediation. But he is an addict (meth) and has been in and out of jail and rehab our daughter's entire life. 4 times since Dec 2012 to rehab. Jail end of 2014 for two months. Probation 2 years for assault. Jail last summer. Jail since Oct and now in prison and pending another charge. Right now visitation is at my discretion - but he could always show up someday and say or show he's "clean" and "sober" and he'd get some visitation.

There's a low threshold for parenting in this country. People get more chances than they deserve to be a parent.
How do I protect the child should, god forbid, something happen to me ? Would/can she be able to take the child ? Can I appoint a "gardian" ?
It is "joint custody", I have physical custody.
I don't talk to his DNA match other than when she calls for bail. There is no "drama" over visitation because, no one knows where she is or has been over the last 71/2 yrs.
I'm just looking for the best way to protect the boy. Maybe someday she'll get/stay clean & be able to have some sort of relationship w/her son.
Thank u
 
If you stir the pot this could provoke her into seeking visitation or even custody! You might be best served letting sleeping dogs lay. Given your post its likely she will end up dead or injail and you need not worry about this.
 
Do you have sole physical and legal custody? Read your order. There are essentially two kinds of "rights" to a child. Physical is with whom the child lives. If you have sole physical custody, she is entitled to whatever visitation the order calls for, whether she exercises that right or not. If the order is silent or says it is at your discretion, then that is up to you.

Legal custody is the ability to make decisions for the child with regard to medical care, schooling, travel, etc. This is the one that is less likely to be limited unless there is a really compelling reason.

Either of these can be challenged in court at any time, by either party. It sounds unlikely this parent will do that any time soon, no matter what your current order says.

Termination of parental rights is rare and does not allow the person to come back later and revisit the situation. Typically this is only done when a stepparent seeks to adopt the child, or if there is extreme abuse and a court terminates those rights. Inattention and illicit behavior that does not directly affect the child other than as a bystander, would not meet that threshold. If she were giving the child drugs or prostituting the child, that would be different.
 
How do I protect the child should, god forbid, something happen to me ?

Protect the child from what? What does "something happen to me" mean? Don't dozens of things "happen to" you every day? If you're talking about dying before the child becomes an adult, custody will presumptively pass to the child's other parent. You're free to leave written statements (including in your will) supporting the placement of the child with someone else, and that someone else can use those statements to support a guardianship application, but you cannot foreclose the possibility that your child will end up with the other parent if you die before the child becomes an adult. Nor can you appoint a guardian yourself.
 
How do I protect the child should, god forbid, something happen to me ? Would/can she be able to take the child ? Can I appoint a "gardian" ?
It is "joint custody", I have physical custody.
I don't talk to his DNA match other than when she calls for bail. There is no "drama" over visitation because, no one knows where she is or has been over the last 71/2 yrs.
I'm just looking for the best way to protect the boy. Maybe someday she'll get/stay clean & be able to have some sort of relationship w/her son.
Thank u

There really isn't much you can do. You can make a will that has your preference for a guardian and why - but if you died they'll look at her first. Your family can always fight to be a guardian if you were to die. But as far as I know there's nothing you can legally do that gives guardianship to someone other than a biological parent when you die.
 
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