FYI on terminating rights

[slylyd]

What is the name of your state?OH

I noticed posts that state the Bio dad/mom has to have no contact AND no support for one year in order to have their parental rights terminated. I can't speak for other states but I had appointments with two attorneys this week and both confirmed that it is no contact OR no support for one year. Ohio websites say the same thing.

I AM NOT starting a thread to be confrontational. Just thought that some readers who have had this question/issue might want to check their own states requirements on this.

 

[slylyd]

I am also sure that the process is difficult to do, but thought I'd put it out there anyway.

 

[styl4u64]

Any suggestions to where we could check our state's process? Thank you!

 

[rmet4nzkx]

Support is considered contact, therefore, no contact and/or no support are the same thing. However, termination of parental rights is more complex than that and seldom ordered without cause or a steparent adoption. In other words, you cannot terminate parental rights in order to get out of child support, and arrears don't go away.

 

[razzle67]

Thanks SlyLyd, that would be a good argument. I see that a state statute was posted on my original thread that states something about abandonment and extreme disinterest.

 

[tigger22472]

http://www.calib.com/nccanch/pubs/sag/table.pdf

This site will show what each states courts CAN use to TPR. TPR's can be done even when support is paid if it can be proved that the support is forced. For example...a NCP continually avoids paying support and it can be proven they only pay to avoid other sanctions such as jail, losing their lisence etc... or even simply by a yearly tax check. It all is always ultimately up to the judge in the case.

Note that each state has separate places for "failure to contact" and 'failure to pay support' some states only have one checked.

Again though these are only grounds that the court can do this when it's not voluntary and agreeable by all parties. Also just because both parties agree doesn't mean it can/will be done also... it all depends on the judge.

 

[slylyd]

Agreed. There does have to be a step parent adoption or extreme circumstances. One of the lawyers I saw showed me a case where the argument of AND & OR convinced the judge. And of course PROVING that there was never any contact between the bio dad & child for one year in that case. Obviously it does all depend on the judge, and it would seem to be a daunting process. But like I said I just wanted to share what I learned.

For the person who asked: I just looked at my states adoption site, and the probate court website for my county had it on there also.