Father is in Prison, can I terminate his parental rights?

[ceara19]

You or I could get killed walking out of our front door today

And if you die today, guess who has the strongest case for custody of your children?

 

[krischris]

And if you die today, guess who has the strongest case for custody of your children?

Hence me wanting to terminate his parental rights and the step parent adoption.

I understand everything that everyone has said on here. I just feel like I have to defend my rights and responsibilities as a parent and to do what is best for the kids. And that is what I am trying to do.

If they did ask for a change of venue, doesn't the choice still have to be made by the presiding judge? I mean this is not a criminal case we're talking about. The attorney could ask that the judge remove himself because of the circumstances only if the judge couldn't make a decision without favor to one side. Right? On the flip side, I have the same case because the attorney once represented me previously in a custody issue and that could be used against me. I don't know. That's why I asked, I'm not sure on this part. I understand that the whole thing could get sticky.

 

[krischris]

He has more of a chance of dying in prison for committing a crime on a child than I do walking out my front door. Not only for the offense that he is in there for, but like I said before, he is a very arrogant person and he has a very big mouth. I'm sure he will say something to the wrong person one of these days. I'm not hoping any harm comes to him, but I just know how he is and I know how he thinks.

I also got on the Indiana Court of Appeals and looked at the Docket on his case. They filed for a continuance. The Court gave them till April. I'm still going to wait and see what happens with the appeal before I pursue anything on the termination.

 

[BelizeBreeze]

o.k. since you still don't get it, what makes you think you have grounds NOT to deny but to overturn visitation ordered by the court for the grandparents? WHAT is the SIGNIFICANT change in circumstances from the original order?

 

[LdiJ]

o.k. since you still don't get it, what makes you think you have grounds NOT to deny but to overturn visitation ordered by the court for the grandparents? WHAT is the SIGNIFICANT change in circumstances from the original order?

Her order says "reasonable visitation". That alone gives her a great deal of control as to the type and nature of visitation since this is third party visitation. If she allows any kind of contact at all between the children and the grandmother, she will not be violating the order.

 

[BelizeBreeze]

Her order says "reasonable visitation". That alone gives her a great deal of control as to the type and nature of visitation since this is third party visitation. If she allows any kind of contact at all between the children and the grandmother, she will not be violating the order.

it is irrelevant to the issue at hand. She has said that she wishes to CEASE visitation and unless she comes up with more than she has here, even a third-party holding a court order can have that order enforced.

Also, you you suggesting that she stop visitation based on the 'reasonable' ????

If so, then tell her what will be a court's reaction when the grandparent's file a contempt petition.

 

[LdiJ]

it is irrelevant to the issue at hand. She has said that she wishes to CEASE visitation and unless she comes up with more than she has here, even a third-party holding a court order can have that order enforced.

Also, you you suggesting that she stop visitation based on the 'reasonable' ????

If so, then tell her what will be a court's reaction when the grandparent's file a contempt petition.

No, I am not suggesting that she should stop visitation based on the "reasonable". I am saying, that in a third party case she could easily stop overnight visitation and allow grandma to visit the children in their home, rather than grandmother's.

 

[BelizeBreeze]

No, I am not suggesting that she should stop visitation based on the "reasonable". I am saying, that in a third party case she could easily stop overnight visitation and allow grandma to visit the children in their home, rather than grandmother's.

So, you were the judge that issued this order and can interpret what he/she meant as 'reasonable'?

Guess again.

 

[LdiJ]

So, you were the judge that issued this order and can interpret what he/she meant as 'reasonable'?

Guess again.

BB...this is a THIRD PARTY case. Get rid of the parent vs parent mindset. A typical gpv order in Indiana rarely includes overnights, therefore "reasonable" is not going to mean the same thing in a gpv case as it would in a parent vs parent case.

 

[BelizeBreeze]

BB...this is a THIRD PARTY case. Get rid of the parent vs parent mindset. A typical gpv order in Indiana rarely includes overnights, therefore "reasonable" is not going to mean the same thing in a gpv case as it would in a parent vs parent case.

That's your problem. This is NOT a third-party issue. It's a COURT ORDER. The parents have standing even without the existing order to petition for visitation.

now where do you suppose I have not read the statutes BEFORE replying?

 

[ceara19]

Hence me wanting to terminate his parental rights and the step parent adoption.

I understand everything that everyone has said on here. I just feel like I have to defend my rights and responsibilities as a parent and to do what is best for the kids. And that is what I am trying to do.

If they did ask for a change of venue, doesn't the choice still have to be made by the presiding judge? I mean this is not a criminal case we're talking about. The attorney could ask that the judge remove himself because of the circumstances only if the judge couldn't make a decision without favor to one side. Right? On the flip side, I have the same case because the attorney once represented me previously in a custody issue and that could be used against me. I don't know. That's why I asked, I'm not sure on this part. I understand that the whole thing could get sticky.

Terminating DAD'S rights won't terminate the limited rights the grandparents have already been given though.

If an attorney asked the Judge to remove himself from the case because of his past history with the parties involved, he would be stupid NOT to recuse himself. If the Judge truly feels that he could render a decision that was free of influence from his prior knowledge, then the decision of a DIFFERENT judge with no prior knowledge should fall in line with what he would have ordered. Not stepping down would give the air of impropriety. A Judge is not going to risk his reputation in order to keep jurisdiction over one case.

 

[LdiJ]

That's your problem. This is NOT a third-party issue. It's a COURT ORDER. The parents have standing even without the existing order to petition for visitation.

now where do you suppose I have not read the statutes BEFORE replying?

I'd rather you read case law from 2000 to present, since it would give you a far clearer picture.

I never said that the grandparents didn't have standing. I said that the agreement says "reasonable visitation" and that does not mean the same thing in a parent vs third party situation, as it does in a parent vs parent situation.

Reasonable in a parent vs third party situation could easily be once a month, for an afternoon, in mom's home.

 

[BelizeBreeze]

I'd rather you read case law from 2000 to present, since it would give you a far clearer picture.

I never said that the grandparents didn't have standing. I said that the agreement says "reasonable visitation" and that does not mean the same thing in a parent vs third party situation, as it does in a parent vs parent situation.

Reasonable in a parent vs third party situation could easily be once a month, for an afternoon, in mom's home.

And I'd rather you read the Updated Revised statutes of 2007;

 

[LdiJ]

And I'd rather you read the Updated Revised statutes of 2007;

I have read the current statutes.....and since I already agree that the gps have standing, that's all that I need to get from the statutes.

 

[krischris]

I don't know if it will make any difference but the agreement is not between the grandparents and myself. It is a modification of Custody between their father and myself. The grandparents have never petitioned the court for a visitation order. We do not share custody or have joint custody. I am the sole custodial parent, I make ALL decisions concerning the children.

And the reasonable visitation with advanced notice, is at my discretion. I am the one who says what is reasonable. Whether it be over night, through the week, or just a couple hours a day.