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My daughter is 6 1/2 and I want to terminate her b-fathers rights. I do not have a man to take his place and do not want any other man to have rights to my child I have been a single parent for 5 years and am constantly irritated that I can not change my daughters last name to mine and I also can't take her to see extended family because I can not get her passport with out consent of b-father. He has not seen her since she was 3 and even then it was supervised by me. I have no earthly idea where this man is and even the attorney general now can not find him. Oh yeah I forgot to mention he has gotten a citation for hitting my daughter when she was 2 years old and just last year I found out through mutual friend he got refered ajudication for abusing girlfriends 5 year old son.
Does anyone know if I can terminate his rights without his consent. I am student and have no money to hire lawyer.
Hi Dore,
Is he actually listed on your daughters birth certificate as the father?
Does your college have a free attorney service for students? Some do so I'd check that out...
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got the child abuse charges on the boy....
each locality also should have some abuse hotline, or something...maybe even try the national hot line (1-800 4 a child...it is free no cost) and ask them...you locality may have an abuse hotline, etc....that can help, also legal aide...
you may even get DSS to help, but they usually go looking for child support....
usually he has to be convicted of severe abuse to a child or volunteer his rights over....
I know of a young woman who recently was able to get the birth father to reliqunish his rights in exchange for her dropping all of the child support he owed. She then filed a petition in court with her husband for him to adopt her daughter. Check with your states rules and laws. I would think as a college student you may even be able to get some no cost legal advice.
You may also be able to file the petition on your own without an attorney and when you get a court hearing you can request that the Judge order that a publication notice be placed in the paper covering his last known address. In my state once publication is made and there is still no response from the parent the court can proceed for a default order and terminate the parental rights. Have all of your information for the Judge on why you want this to happen and put as much of it in the petition as you can - not just you want to change the last name. The more info you have the better off you should be.
Dore
My daughter is 6 1/2 and I want to terminate her b-fathers rights. I do not have a man to take his place and do not want any other man to have rights to my child I have been a single parent for 5 years and am constantly irritated that I can not change my daughters last name to mine and I also can't take her to see extended family because I can not get her passport with out consent of b-father. He has not seen her since she was 3 and even then it was supervised by me. I have no earthly idea where this man is and even the attorney general now can not find him. Oh yeah I forgot to mention he has gotten a citation for hitting my daughter when she was 2 years old and just last year I found out through mutual friend he got refered ajudication for abusing girlfriends 5 year old son.
Does anyone know if I can terminate his rights without his consent. I am student and have no money to hire lawyer.
A judge can terminate a parent's rights without his consent but the court uses every possible method of locating the birthparent BEFORE the case goes to a judge. He has a right to be notified and attend the hearing. Since the case will be brought against him, the court will try to find him through driving records/employment records. The father will have the right to an attorney and can fight your case.
Your chances are better if you were married and your husband wanted to adopt your daughter. Judges are reluctant to terminate a father's rights unless there is VERY good cause. A bad father is better than no father. And the child won't benefit from parental support (or social security benefits, if the father were to die).
And since there is no other "father" to step up and adopt her, it leaves her vunerable if something should happen to you.
You definately need a lawyer. But don't get your hopes up. Even if the court doesn't locate the dad, the judge may not agree with you that his rights should be terminated. Even fathers who are imprisoned for hurting their child don't automatically lose their parental rights. And if someone brings a termination proceeding against them, they can fight it from prison. Being cited one time for hitting a child one time will probably not be enough. And not supporting or visiting your own daughter is deplorable but it doesn't mean your rights will automatically be terminated, either.
The judge is going to listen to his side of the story, listen to his family's and witnesses stories. And the judge will weigh all the evidence carefully before making a decision.
Terminating rights is the same as killing off the birthfather. They don't do it unless they truly believe the child will be better off.
Since you can't find him, I'm assuming you are not getting child support....right? This is also grounds for termination. You should be able to call an attorney and get free consultation. Look in your phonebook and look for a family lawyer and go from there. Explain your situation, and your financial situation, some are more than willing to make arrangements that would work for both of you, for example just even an agreement of a very low monthly payment ($50) could be a start. You need to protect yourself and your daughter, and there are always those out there who are more than willing to help out as much as they can.....Can your family help financially?
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