Help! Asking for termination of parental rights


#1

If he gives up his parental rights then he has no rights whatsoever involving his children. You would make all of the decisions.


#2

So, what if my kids want to talk to their father? I can make that decision or should I shelter them from him. He can’t pay anything, so he says, and I am sick of hearing he has no money, when I believe he does.


#3

Here’s something I found…make sure you read the note at the bottom. Have you spoken to DSS about this?

Termination of Parental Rights

Defined

A termination of parental rights means that the person who was the natural parent of a child no longer has any rights or responsibilities to that child.

Rights:

Rights regarding a child include the right to decide what kind of education, health care, religion, morals and values the child should have. Custody rights and visitation rights are also associated with children.

Responsibilities:

Responsibilities include the duty to provide food, clothing and shelter for the child, provide all necessary child support, daycare, etc.

A parent whose rights have been terminated has the same rights and responsibilities toward that child as a complete stranger. Such a parent is not responsible for any support, nor is that parent allowed to have any input or influence over the education, teaching and upbringing of that child. In fact, a parent whose parental rights have been terminated does not even have the right to see or contact the child.

There are two ways by which parental rights may be terminated.

Voluntarily

The natural parents may voluntarily consent to the termination of their parental rights, such as when an adoption is being permitted, and the child will live with new adoptive parents. Court approval is required for this kind of proceding.

Involuntarily

Parental rights may also be terminated involuntarily. To terminate these rights involuntarily, the moving party must demonstrate that the natural parent or parents have abandoned the child.

Abandonment is demonstrated by showing that the parent has, by conduct continuing for a period of at least six months, either evidenced a settled purpose for relinquishing parental claim to a child, or has refused or failed to perform parental duties. A petition to terminate parental rights may be filed by either parent, an agency supervised by the Department of Public Welfare and providing adoption services, or an individual having custody or standing in loco parentis to the child.

Note: As a general rule, courts are reluctant to terminate parental rights when one parent feels that another parent is unfit. Even if one parent has lots of flaws, courts are hesitant to simply relieve a parent of his or her duties to properly raise the child and pay for the child’s expenses.

It is extremely difficult to terminate parental rights, and courts will do so only in rare circumstances.


#4

Why would you want to make your kids fatherless?? Have you thought about the long-term affects that will have on them-knowing their father not only financially abandoned them,but also,legally??
When you terminate a parent’s rights,you are legally “bastardizing” your child.
Courts do not just terminate someone’s parental rights just because they want to get off from paying child support.

I will survive~~~


#5
quote:
[i]Originally posted by hadenuff[/i] [br]Why would you want to make your kids fatherless?? Have you thought about the long-term affects that will have on them-knowing their father not only financially abandoned them,but also,legally?? When you terminate a parent's rights,you are legally "bastardizing" your child. Courts do not just terminate someone's parental rights just because they want to get off from paying child support.

I will survive~~~


Jacsval


#6
quote:
[i]Originally posted by jacsval[/i] [br]
quote:
[i]Originally posted by hadenuff[/i] [br]Why would you want to make your kids fatherless?? Have you thought about the long-term affects that will have on them-knowing their father not only financially abandoned them,but also,legally?? When you terminate a parent's rights,you are legally "bastardizing" your child. Courts do not just terminate someone's parental rights just because they want to get off from paying child support.

I will survive~~~


Jacsval


I have a wonderful boyfriend who is THE father figure now and is supporting them in every way possible. They even have said he does more with them than their father ever has done. One of my reasons for asking the biological father to terminate his rights is so I don’t have to DRAG my kids through the court system until they’re are 18 years old because dad hasn’t paid anything.

Jacsval


#7

Dear jacsval:

Greetings. Yes, if your ex fails to financially support your children then you can file a motion with the court to terminate his parental rights. You are correct that if he does not fight the termination that he would not be financially responsible for the children anymore and that you would be solely responsible for them.

Of course, someone else could then adopt your children (such as a new husband, etc.). No, he is not allowed to have custodial rights (or visitation) unless you give him some. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

What exactly does this entail?

I moved to another state and was told if my STBX isn’t paying child support for his 2 children or doesn’t plan on paying I can ask for him to terminate his parental rights? I did just that and we both want to know exactly what that means. I would guess that he wouldn’t be responsible for paying anything for his kids anymore and that I would solely be responsible for them, but is he allowed to talk to them on the phone or is that all up to me once his rights are terminated?