How do I terminate parental rights? 14 Answers as of May 26, 2011

I was wondering how I go about terminating parental rights so my husband can adopt my daughters? Their biological father has had nothing to do with them since they were born and he is no longer in the USA.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
If he has demonstrated by his actions an intention to abandon the care of the children, then you could petition the divorce court to terminate the parental rights. If I recall correctly, you may also have the probate court who does the adoption entertain the petition to terminate parental rights. Stay well.
Answer Applies to: Alabama
Replied: 5/26/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We have handled a number of step parent adoptions. In the event the biological parent will not consent to the adoption, it will likely be necessary for you (through your family law attorney) to serve him and ask for a hearing seeking termination. Your family law attorney will be able to guide you through all the other issues, too! Good luck!
Answer Applies to: Georgia
Replied: 5/26/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
The answer will depend on a couple of things, and I need to talk to you to give you any advice. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
Answer Applies to: New Jersey
Replied: 5/25/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
If you want to accomplish is an adoption and the birth father meets certain criteria then his parental rights can be terminated and his consent will not be required to complete the adoption. This is all governed by the statute that outlines the law and procedure for adoptions. You need a lawyer to handle this for you. It is more complex than it should be and the last thing you want is an adoption that is not "final". I have handled adoptions for years and my office can help in this matter.
Answer Applies to: Oregon
Replied: 5/26/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Your husband can petition a court for a stepparent adoption. The father must be afforded notice, but his consent won't be required if you can show abandonment or failure to pay any child support for the past 12 months before filing.
Answer Applies to: Colorado
Replied: 5/26/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    TPR is a function of the Probbate Court. You need to go to the probate court that handles your town and file there.
    Answer Applies to: Connecticut
    Replied: 5/26/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    It's through the stepparent adoption process. If you reside in Western Washington, feel free to contact my office for a free, no obligation consultation-by phone or in person-about this situation.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Talk to an adoption attorney - it may be possible to terminate bio dad's rights as part of the adoption process.
    Answer Applies to: Washington
    Replied: 5/26/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There are two ways to go about it. First, you may terminate parental rights by agreement allowing for a step parent adoption. This is the easiest and least expensive way to proceed. Once parental rights are terminated, any prospective child support ends. A second way to proceed is in a contested matter which may result in a trial. This is obviously far more costly. There must be a basis for the termination of parental rights which may include abandonment. Keep in mind that even if the other parent is out of the country, they must be served with the action so that they are advised of the proceedings.
    Answer Applies to: Minnesota
    Replied: 5/26/2011
    Noah A. Bradow, Attorney & Counselor, pllc
    Noah A. Bradow, Attorney & Counselor, pllc | Noah A. Bradow
    In Michigan, termination of parental rights is generally done through a petition filed from DHS. However, if you are attempting to go through adoption process there is also a procedure available. You can contact my office to discuss assisting you with your case.
    Answer Applies to: Michigan
    Replied: 5/26/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    It may be difficult to do, since the biological father has to be served with papers in the adoption case for his parental rights to be terminated. You should consult with an experienced Adoption Attorney in your state and ask whether that state's laws will allow the biological father to be served via Publication or another method, or how else can his parental rights be terminated.
    Answer Applies to: California
    Replied: 5/25/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Terminating parental rights, even when the other parent is not living in the US is not something for a person without legal counsel to try. The biggest catch will be satisfying the notice requirements to the other parent to comply with the rules of civil procedure. The easiest way would be to obtain the other parent's consent. An attorney with family law experience dramatically increases your likelihood of success.
    Answer Applies to: Ohio
    Replied: 5/25/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Terminate his parental rights by commencing an action in Probate Court.
    Answer Applies to: Connecticut
    Replied: 5/25/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, you and your husband should arrange to consult with an Iowan attorney who handles adoption matters and who should be able to advise you specifically as to how stepparent adoptions work in that particular state. Normally, it is during the course of this particular adoption that the rights of the biological parent are terminated after the required notice and opportunity to contest are given to this biological parent. (And, yes, after due diligent efforts have been made to locate this parent and a/he cannot be found, the court will normally grant permission to the petitioner to place an ad for successive weeks in a local newspaper which will serve as constructive notice for the required notice to the respondent parent.)
    Answer Applies to: Virginia
    Replied: 5/25/2011
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney