Tpr/

[Mbarr77]

What is the name of your state? South Carolina

What is the name of your state? SC

I have been coming to this site for quite some time now, and have gotten some really good advice. Now, I am asking for my sister. She has a nine year old son with whom she has maintained custody of for the full nine years. Her and her ex have never had an established custody agreement, as he really shows no interest in the child.

However, recently he has been arrested and convicted of 7 seperate felony counts, and she is wanting to request to have his rights terminated. She never pursued it prior to this because she has tried to foster a relationship between her son and his father. However, her son has recently disclosed that he is aware of his fathers drug use, and it scares him. She does not qualify for any type of legal assistance, and wants to do this herself. Now, I know that you can only offer legal advice, but is it possible for her to do the tpr papers on her own? I normally would advise her to not go pro se, however at this point she really wants to get this done as soon as possible, for her sons sake. I know some would say, well seven counts he is probably going to jail for a long time, why worry about it now? But, she wants to give her son a piece of mind, and he is currently in counseling in regards to issues with his father. The counselor has already written a statement suggesting it is in my nephews best interest to not be in the presence of his father. Would she still have to have someone that would be willing to adopt, if there are the circumstances such as felony convictions?

 

[Neal1421]

What is the name of your state? South Carolina

What is the name of your state? SC

I have been coming to this site for quite some time now, and have gotten some really good advice. Now, I am asking for my sister. She has a nine year old son with whom she has maintained custody of for the full nine years. Her and her ex have never had an established custody agreement, as he really shows no interest in the child.

However, recently he has been arrested and convicted of 7 seperate felony counts, and she is wanting to request to have his rights terminated. She never pursued it prior to this because she has tried to foster a relationship between her son and his father. However, her son has recently disclosed that he is aware of his fathers drug use, and it scares him. She does not qualify for any type of legal assistance, and wants to do this herself. Now, I know that you can only offer legal advice, but is it possible for her to do the tpr papers on her own? I normally would advise her to not go pro se, however at this point she really wants to get this done as soon as possible, for her sons sake. I know some would say, well seven counts he is probably going to jail for a long time, why worry about it now? But, she wants to give her son a piece of mind, and he is currently in counseling in regards to issues with his father. The counselor has already written a statement suggesting it is in my nephews best interest to not be in the presence of his father. Would she still have to have someone that would be willing to adopt, if there are the circumstances such as felony convictions?

Was paternity ever established?

 

[Mbarr77]

Was paternity ever established?

Sorry, I should have known to make sure to include that in my original post. Yes. he signed the paternity acknowledgment form, and is ordered by the courts to pay child support.

 

[fairisfair]

then he has rights like any parent has. The court is not going to terminate his rights just because he is a felon. As you said, he is probably going to be locked up for a long time, think of it as a blessing.

 

[Mbarr77]

then he has rights like any parent has. The court is not going to terminate his rights just because he is a felon. As you said, he is probably going to be locked up for a long time, think of it as a blessing.

is fairisfair Kelly?!? Actually, in the state of SC Felony Conviction/Incarceration is grounds for termination of parental rights...Don't see where you really gave me any legal advice!

 

[Ohiogal]

is fairisfair Kelly?!? Actually, in the state of SC Felony Conviction/Incarceration is grounds for termination of parental rights...Don't see where you really gave me any legal advice!

it may be grounds but that does not mean the fact that he is a felon is an automatic TPR or she will get it accomplished. She really should have an attorney to do this. And dad will get a chance to defend himself before his rights are terminated.

 

[tigger22472]

The smarter way to go about this might be to have a CS order that although she won't be getting there will still be an order for it. Plus get sole custody with no visitation ordered (not like he can from jail) so that if he got out of jail he couldn't just show up for visits.

 

[rmet4nzkx]

The smarter way to go about this might be to have a CS order that although she won't be getting there will still be an order for it. Plus get sole custody with no visitation ordered (not like he can from jail) so that if he got out of jail he couldn't just show up for visits.

OP laready said

She has a nine year old son with whom she has maintained custody of for the full nine years. Her and her ex have never had an established custody agreement,......she has tried to foster a relationship between her son and his father. However, her son has recently disclosed that he is aware of his fathers drug use, and it scares him....he is currently in counseling in regards to issues with his father. The counselor has already written a statement suggesting it is in my nephews best interest to not be in the presence of his father....Sorry, I should have known to make sure to include that in my original post. Yes. he signed the paternity acknowledgment form, and is ordered by the courts to pay child support.

Paternity and child support orders are already estabished, custody and visitation orders are not established therefore mom is under no obligation to allow visitation but it might be wise to establish custody and supervised visitation orders in case the issue should arise as it may in his defense of his 7 felony counts. In the defensed attempt to rehabilitate dad into a loving and involved father. What would TPR accomplish at this point, the child is old enough to know his father no matter how involved he is, if he is worried about dad's drug use.

It might be an idea to petition the courts for appointment of a GAL for the child.

I know being charged with 7 felony counts may seem like dad will be put away for many years, but it could be far less than than and he is only charged at this time, not convicted. These 7 counts could be plead down and sentences could be concurrent, it is possible the most dad might get is house arrest and or probation.

Now if mom is married and the step father want's to adopt, then there might be opportunity for TPR but at this point since dad doesn't even have visitation orders, nothing is changed by TPR.

 

[Mbarr77]

Thank you RMET that is very good advice. I see your point as to the sole custody versus the tpr. Her only problem with the no visitation is that until he goes to prison he lives with his parents whom her son is very close with. But, she can always just make arrangements for them to see him somewhere other than his home. Again, thanks for the advice. We will just have to pool our resources to get her a lawyer and get this done, I do not want her to mess up her chances by trying to do it herself.

 

[rmet4nzkx]

You are welcome.
Consulting an attorney is an excellent idea even if nothing is done.

 

[Ohiogal]

RMET, you said:

I know being charged with 7 felony counts may seem like dad will be put away for many years, but it could be far less than than and he is only charged at this time, not convicted. These 7 counts could be plead down and sentences could be concurrent, it is possible the most dad might get is house arrest and or probation.

However OP said that dad was arrested and CONVICTED of the 7 counts. So she should either know or SOON know the sentence dad received. If he is going to be away until JR reaches majority then it is really out of mom's hands because at that time JR would be able to determine. So how long is dad going away for?

 

[Mbarr77]

RMET, you said:

I know being charged with 7 felony counts may seem like dad will be put away for many years, but it could be far less than than and he is only charged at this time, not convicted. These 7 counts could be plead down and sentences could be concurrent, it is possible the most dad might get is house arrest and or probation.

However OP said that dad was arrested and CONVICTED of the 7 counts. So she should either know or SOON know the sentence dad received. If he is going to be away until JR reaches majority then it is really out of mom's hands because at that time JR would be able to determine. So how long is dad going away for?

Actually, she just found out Saturday from the fathers parents that he was sentenced to only 2 years! So, looks like you were right again, RMET..Just because he was charged with 7 counts doesn't mean he went away for a long time. I spoke with her and she is going to go the route of seeking sole custody with no visitation ordered for dad.

 

[Ohiogal]

Actually, she just found out Saturday from the fathers parents that he was sentenced to only 2 years! So, looks like you were right again, RMET..Just because he was charged with 7 counts doesn't mean he went away for a long time. I spoke with her and she is going to go the route of seeking sole custody with no visitation ordered for dad.

Most first time offenders get concurrent sentences, not consecutive. Sole custody with no visitation is the best way to go because sis doesn't want to be facing questions from jr when jr is an adult (if not sooner) about why she decided to get rid of dad. Jr still has a right to know his dad.

 

[fairisfair]

is fairisfair Kelly?!? Actually, in the state of SC Felony Conviction/Incarceration is grounds for termination of parental rights...Don't see where you really gave me any legal advice!

No I am not kelly you fool and just because it is grounds doesn't mean it will happen,it is grounds in almost every state. good luck with that one.

http://www.ncsconline.org/WC/Publications/StateLinks/TermPrStateLinks.htm#SC

 

[Mbarr77]

No I am not kelly you fool and just because it is grounds doesn't mean it will happen,it is grounds in almost every state. good luck with that one.

http://www.ncsconline.org/WC/Publications/StateLinks/TermPrStateLinks.htm#SC

I am far from a fool, and you have no grounds nor basis to start calling people names! your response was very "kelly" like, so I asked a valid questions...if you do not like it tough, go on to a different thread! I never said because it was an option that she would be guaranteed to have it granted, but she is a mother trying to protect her son from being exposed to a life of drugs..