How can I terminate my ex spouses parental rights? 4 Answers as of August 03, 2011

I have a mediation date and hearing date 3 weeks after that next month. I am requesting sole legal and physical custody of our children, with no visitation unless authorized by myself; however, now that some time has gone by, I believe that it's in our kid's best interests that I ask the judge to terminate my soon to be ex-husband's parental rights. He disappeared in July 2010, and hasn't seen or spoken to our children since. Apparently he was arrested on some drug related charges (according to his mother), then released to a probationary drug diversion program which he didn't attend. No one in his family knows his whereabouts, and as he's done this before and seems to get worse every time, I think he may not last another year and the kids need protection. What do I do now?

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
Both parents are to care for their children. You can not terminate your husband's right has a father. If there is someone willing to step in and take that responsibility then you can go start that process. When you have a judgement divorce he will be your ex then.
Answer Applies to: California
Replied: 8/3/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
It is very difficult to terminate parental rights and the courts do not look favorably on that. Your best strategy should be to seek sole legal and physical custody with monitored visitations to the father at your sole discretion. If you are unable to locate him, then you can advise the court that you have heard about the drug charged and that you do not know where he is. The sole custody with the monitored visitations will protect your children.
Answer Applies to: California
Replied: 8/2/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
You should file to have the court order either "No" or "Reasonable" visitation to ensure that visitation occurs only with your consent.
Answer Applies to: California
Replied: 8/2/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You retain a lawyer immediately to file an order to show cause asking the court to provide you with sole legal and physical custody.
Answer Applies to: California
Replied: 8/2/2011
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