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He lost his third daughter to C.P.S. Does he have rights to our children?????

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brandymt

Junior Member
MONTANA

I have two children with my ex. He left just before my second child was born. He has not been an active part of thier lives. He has only seen them a few times (over three years ago) and only paid a small amount of child support (over a year ago). He had another child with his current wife. They were both investigated by child protective services and ended up losing their rights to the child. My family and I are planning on moving out of state and I wonder if he has any parental rights over my two children since he has been found an unsuitable parent? Do I still need his consent to move my children out of state or for my husband to adopt them? :confused:
 


Silverplum

Senior Member
MONTANA

I have two children with my ex. He left just before my second child was born. He has not been an active part of thier lives. He has only seen them a few times (over three years ago) and only paid a small amount of child support (over a year ago). He had another child with his current wife. They were both investigated by child protective services and ended up losing their rights to the child. My family and I are planning on moving out of state and I wonder if he has any parental rights over my two children since he has been found an unsuitable parent? Do I still need his consent to move my children out of state or for my husband to adopt them? :confused:

DO you have a court order signed by a judge that states Dad has had his parental rights terminated? If not, then he's still Dad, and you still have to deal with him in a legal manner.

How would you know the details of the case of his 3rd child? How do you know they lost "their rights to the child" -- did you read their court order? Or are you just guessing at gossip?
 

Zigner

Senior Member, Non-Attorney
Are you saying he was found to be an unsuitable parent to his children with you?
 

brandymt

Junior Member
DO you have a court order signed by a judge that states Dad has had his parental rights terminated? If not, then he's still Dad, and you still have to deal with him in a legal manner.

How would you know the details of the case of his 3rd child? How do you know they lost "their rights to the child" -- did you read their court order? Or are you just guessing at gossip?

I'm not "guessing at gossip" nor did I read their court order. However, I was told this by he and his wife. We are no longer speaking and I plan to deal with him in a legal manner. :) Was just looking to see if anyone had any advice.
 

Silverplum

Senior Member
I'm not "guessing at gossip" nor did I read their court order. However, I was told this by he and his wife. We are no longer speaking and I plan to deal with him in a legal manner. :) Was just looking to see if anyone had any advice.

So your X and his wife just called you up and told you their legal situation, then you are no longer speaking? What an interesting social situation. Why are you no longer speaking?

Please answer my previous question, also: DO you have a court order signed by a judge terminating his parental rights to your mutual children?
 

brandymt

Junior Member
So your X and his wife just called you up and told you their legal situation, then you are no longer speaking? What an interesting social situation. Why are you no longer speaking?

Please answer my previous question, also: DO you have a court order signed by a judge terminating his parental rights to your mutual children?

Actually, that is what happened. I don't think I need to explain why we are no longer speaking. (?) I do NOT have a court order signed by a judge terminating his parental rights to our mutual children.
 

Just Blue

Senior Member
OK, Thank you, I wasn't sure, considering he was found to be an unsuitable parent to his other daughter.
I know!! It is ever so hard to deal with a man one chose to parent with. And with SOOO little real information. IF ONLY we were able to re-write history!! :rolleyes:
 

single317dad

Senior Member
Specifically, here's the relocation statute:

40-4-217. Notice of intent to move. (1) A parent who intends to change residence shall, unless precluded under 40-4-234, provide written notice to the other parent.
(2) If a parent's change in residence will significantly affect the child's contact with the other parent, notice must be served personally or given by certified mail not less than 30 days before the proposed change in residence and must include a proposed revised residential schedule. Proof of service must be filed with the court that adopted the parenting plan. Failure of the parent who receives notice to respond to the written notice or to seek amendment of the residential schedule pursuant to 40-4-219 within the 30-day period constitutes acceptance of the proposed revised residential schedule.
 

dannyt

Member
his daughter is not your concern

OK, Thank you, I wasn't sure, considering he was found to be an unsuitable parent to his other daughter.

his other daughter is not your concern since you are a legal stranger to her. yes you have to have dad's permission to both move and for your husband to adopt. if he says no then its no
 

ecmst12

Senior Member
That's not necessarily true. OP needs permission from the COURT to relocate and/or have her husband adopt. And it's very likely that a court would grant permission to relocate even if dad were to object, since he's been so uninvolved.
 

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