What are the requirements for getting a voluntary TPR approved in a non-adoption situation? 1 Answers as of June 27, 2011

My daughter is 12 & wants nothing to do with her father. Our divorce was in 2002 and we have always had shared custody, equal placement, and equal financial responsibility, but he frequently misses visitation and has never contributed financially at all for her needs. He isn't required to pay support, but for the last few years he hasn't really had a job and has been living off the state, and that's the only way he keeps her fed and housed while she's with him. He has been diagnosed with histrionic personality disorder, and has always been controlling and manipulative. He is unwilling to get therapy for this. He and his friends have recently been doing drugs in front of her, and he has also been abusive and manipulative to her, especially when she told him after that she wanted me to have full custody. In the last year he has been reported to CPS twice by doctors, once by me, and most recently by a psychologist, resulting in CPS finally removing her from her dad's custody. He admitted to CPS and the cops that he uses drugs, but not that he did them in front of her, and he signed a voluntary protective order to let them place her back with me, but CPS lifted it after 6 days, saying they had to do so because she is with me for the time being and I am willing to go to court to get full custody. I don't think I can afford to hire a lawyer, and I am afraid that even if I do get awarded full custody, if he is granted any visitation he will still have the power to further traumatize her, and there's no doubt in my mind that he will hurt her more if he's given the chance. And even if they grant her no contact with him, I believe that when he is inevitably ordered to pay support, he will end up in jail for not having or being willing to get a job, and this will end up causing a lot more trauma to our daughter, because he will resent her even more than he already does. And I will still be supporting her all on my own, like I have been doing all along.

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If he will agree, you can use the post-judgment stipulation form found at www.wicourts.gov and go to forms, post-judgment and look for stipulation form. On there you can state that child support will be zero (or 'held open' is the term used), and that you will have sole custody and his placement is suspended. That's it. You both sign it, make 4 copies, turn all in to the court with return envelope for you and for him. They will process it and send you a copy back. Sounds like he may agree so long as he won't have the support issue hanging over him. TPR would also terminate support, but chances are not likely for that to happen unless he agrees to that also. So the stipulation is just easier.
Answer Applies to: Wisconsin
Replied: 6/27/2011
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