Want to have Father's rights terminated

[BrooksMommy]

What is the name of your state? pennsylvania
My daughter just turned 4 years old on April 23, 2005. Her biological father has not visited her since May 5, 2001 when she was just 12 days old. He has made no attempt to contact her or visit her. When she was a baby I even begged him to come see her and he wouldn't. At our child support hearings, if I brought my daughter along he would KEEP HIS EYES CLOSED while we were in the waiting room so he would not have to look at her. But, he is very disagreeable and troublesome and he likes to frustrate me so when I requested that he relinquish his rights he said no. So there is a possibility that he would fight it but I know that this is in her best interest. I got in a new relationship when she was 7 months old and was married when she was 16 months old and she knows my husband as Daddy. We also have a son together so My husband, my son and I all have a different last name than my daughter so I want to change her name but her biological father wouldn't give permission so I want to have his rights terminated. He's been convicted of statutory sexual assault twice and he has paid very little child support. Does anyone have any advice for me on how to go about petitioning the court without a lawyer (i can't afford one). I've asked domestic relations, the custody office and children and youth, none of which would help me. Should I go to the prothonotary? PLEASE HELP!! ~Kaeleesha

 

[abstract99]

As far as I know you cannot have the fathers rights terminated unless he signes off ofr it. I have heard of a few cases where the court allowed it but I am pretty sure those were extreme circumstances. Has he told you why he would not sign over the rights? He would more than likely have to sign them over to your bew hubby. (as I suspect this is what you are asking him to do)

 

[BrooksMommy]

no, he would not tell me why, but that was years ago. I haven't even spoken to him in 3 years, I don't even know if he still lives in this area. I have no address or phone number. I heard about having rights terminated on grounds of abandonment, which I think is when they don't see the child for 6 months or more and in my case it's been almost 4 years.

 

[Rushia]

You should also be aware that child support is considered contact in most states and that would mean that you can't use abandonment. You need a lawyer.

 

[abstract99]

no, he would not tell me why, but that was years ago. I haven't even spoken to him in 3 years, I don't even know if he still lives in this area. I have no address or phone number. I heard about having rights terminated on grounds of abandonment, which I think is when they don't see the child for 6 months or more and in my case it's been almost 4 years.

Yes but I don't think that he has technically abandoned her yet. He pays CS and he attends all of the court hearing which also probably means that his address is on file.

 

[rm1759]

First, check with an attorney in your area. Why don't you drop the child support case, wait for 6 months of him not paying (make sure that is what the time period is for abandonment). Then do a TPR based on abandonment and have your hubby adopt.

 

[djohnson]

You really need to get an attorney to handle this. You best option (all though not a sure win) is for the new husband to file to adopt. Then they would notify bio dad and you could tell judge why it was in her best interest. How often does he pay child support? Is it court ordered?

 

[amiegaines654]

First, check with an attorney in your area. Why don't you drop the child support case, wait for 6 months of him not paying (make sure that is what the time period is for abandonment). Then do a TPR based on abandonment and have your hubby adopt.

IMHO, this is a good idea. I do know that in order for his right to be terminated, he has to have had no contact with your daughter, and no child support for AT LEAST 6 months. Check your state, in Texas it is a year with no contact and no support.

I totally understand your situation. My ex pops in and out of my daughter's life when he feels like it. She only sees him a few times a year, so I can't terminate his rights.

GOOD LUCK!!!!!!!

 

[BrooksMommy]

State : PENNSYLVANIA
Yes, his support is court ordered and it is by wage attachment that i even get anything. He's supposed to pay every week but apparently he quit his job back in January and i haven't received anything since. (btw, dropping the support sounds like a good idea, i think i'll do that, i had no idea that it was considered contact even though he isn't paying by choice). Also, they don't have his real address on file, he only gives them "General Delivery" (that way, if they put out a bench warrant, they won't be able to find him right away). Also, i definately can't afford a lawyer, we go on about $230 a week with lots of bills, 2 kids and i'm due with my 3rd in 2 months. And legal aid in my area doesn't handle these kinds of cases right now, so whatever i do, i gotta do it on my own. Now with the adoption thing, does anyone know where i should go to do that (custody office?) and if it costs anything for a stepparent? And, should i go to the Prothonotary Office to petition for termination of rights? Sorry, i know i'm asking alot of questions and i'm probably annoying, but i'm really clueless when it comes to these kinds of things but it really needs to be done. BTW, i was reading something on ground for termination of rights in PA and one of them was " Child in care 15 of 22 months (or less)" does that mean in HIS care for 15 or less months out of 22? because if so that is definately true because she's never been in his care. Ok thanks alot to everyone who responded. -Kaeleesha