Termination of Parental rights?


#1

Hi,

I’m wondering if I have a case to terminate parental rights and am looking for some guidance. Ex has not paid child support in 3 years. Has been sent to jail for a few short times for it but ends up being released due to issues each time (mental, injury, etc). CSE keeps setting court dates but is unable to serve him because they can’t seem to get a current address. Ex is an addict and has shown up to court drunk, high, etc. He has not seen nor contacted his kids in almost 3 years (July 2010). Kids are early teens and I think it might be best to just terminate rights if I can. Do I have a justified case? How do I go about doing the termination? Does the court need a response from the Ex (as in the CSE court cases they haven’t been able to serve the papers or a few years back he just doesn’t even show up if actually served).

Thank you.

~M~


#2

The termination of parental rights statute has two parts. First, there must be grounds for termination. Some examples include abandonment and failure to support. After the court finds grounds, it has to ask what is in the best interests of the child. From the small details you have given, you may be able to find grounds, but you would be well served to have a consultation to discuss your current status and whether you would meet the best interests standard.