How do you go about terminating parental rights? 8 Answers as of March 05, 2014

My daughter’s father has not had contact with her for over a year and she is 4 years old. He has not once asked to see her since she was even born and the only time he has even seen her is if his parents had her. Now he doesn't even see her that way as they never ask for her anymore. How can I go about terminating his rights?

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

Free Case Evaluation by a Local Lawyer: Click here
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona the grounds for terminating the parental rights of a biological parent include abandonment. You should consult with an experienced termination/adoption attorney in your area to assist you. In Maricopa County these actions are brought in the Juvenile Division of the Superior Court.
Answer Applies to: Arizona
Replied: 3/5/2014
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You can't unless someone wants to adopt her. Nor would there be any point since he doesn't see her but still has an obligation to pay child support unless you have failed to file a petition to get child support.
Answer Applies to: Washington
Replied: 3/3/2014
Atticus Family Law
Atticus Family Law | Matthew Ludt
The termination of parental rights under Minnesota law is an extraordinary measure that courts rarely do. Absent extreme circumstances no court is not likely to grant our petition to terminate his rights. While your factual circumstances are unfortunate for you and your daughter, they are not the circumstances that result in a TPR.
Answer Applies to: Minnesota
Replied: 3/3/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You go to court and ask. However, if you are receiving government assistance or you can not care for your child properly without child support, chances are not good. Talk with a local family law attorney and go over the facts with him or her.
Answer Applies to: Idaho
Replied: 3/3/2014
Law Offices of Laura M Urbik Kern | Laura M Urbik Kern
In Illinois, there are only 2 ways to terminate parental rights first, through juvenile court but only if there is a case pending for neglect and abuse or through the adoption process where your child is adopted by others. There are no other ways in Illinois. You might have a better chance in another state.
Answer Applies to: Illinois
Replied: 3/3/2014
    Law Offices of Lauren H. Kane | Lauren H. Kane
    You cannot just terminate his rights unless there is another adult male who is wiling to adopt her. Then you have to file for a termination of rights hearing as well as for an adoption.
    Answer Applies to: Pennsylvania
    Replied: 3/3/2014
    John Russo | John Russo
    First of all it is very complicated, and second, before you would even attempt something you would need to be sure you had a new spouse willing to adopt. you need to prove abandonment and have a spouse willing to adopt, can't have one without the other. In private party petitions for termination based on failure to contact, and failure to support, before the court will grant it there must be a new parent coming on board. The main reason for that is, after all the wonderful reason's the Court will give for that decision, the underlining real reason is totally financial, the State has a vested interest until the child is emancipated. If you were to go on some form of State aid, welfare, food stamps, or health insurance etc., the State would want to look to the parent who does not have placement to make a contribution to that cost, and please don't say I will, never, ever go on State aid for anything because, you could, that's the standard, and that's all they need to make that determination, (you could) they don't have the luxury to look at this issue on a case by case bases. So that's the general statute and rule. If every bust out parent could get out of child support by simply having their rights terminated they would all do it, so they make it hard to accomplish, and if you do have the adoption option in place, the State is still covered because now they have a new parent they could go after if you ever split up and you have to go on State aid, or if not, you still could. You did not say if he pays child support or not, and that is the 2nd prong to all abandonment statutes, 1. Failure to contact, and 2. Failure to support, most jurisdiction are 6 months on both. If he does not pay anything now, well that's your fault, there are a number of options you could employ, and if he works the money will be automatic since all you need to do is request it by garnishment, that's your call, not his, not the States, or the Court, but yours. Child support is Federal mandated not State, the State's only implement Federal law, and part of the statute is that the obligee decides on how they wish to receive the payments. Also, if he ever owned the State they would get it, for sure.
    Answer Applies to: Rhode Island
    Replied: 3/3/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    With an attorney it may be possible under the circumstances described.
    Answer Applies to: Michigan
    Replied: 3/4/2014
Click to View More Answers: