Dad in Prison...

[what_2_do]

What is the name of your state? AZ
My ex was sentenced to 13 years of prison when our daughter was 2 months. Since then I have graduated high school, gotten a degree and remarried. When I was remarried 2 years ago my ex decided to begin contact with our daughter and also decided to file for visitation. In the mean time, my husband and I had been saving money so that we could file for Termination of parenal rights so that my husband can adopt. Since my ex took the initial step, we have begun the TPR process and hired an attorney, a psychologist, an adpotion agency and a GAL has been appointed and now we're just waiting for our trial date in Feb. But my stomach turns every time I think about what could happen. Is there any one out there that has gone through this before? The GAL is for the termination, the Pshyc is for the termination and the adoption agency is also for the termination...but still I know that it's really up the Judge to decide. Are all these factors strong enough to convince a Judge? And what exactly constitutes as "the childs best interest" here?
Thank you so much in advance for your response.

[brisgirl825]

With a psychologist and especially the GAL confirming that this in the child's best interests, you have a high probability of getting the SP adoption. It's never a slam dunk b/c, as you already know, it is ultimately the judge's decision. However judge's decisions are heavily reliant on the testimony of GALs. A judge doesn't, and can't, have the time to know everyone's case as well as a GAL so they trust their judgement.

How old were you when you got preggers?

Keep us posted on how things turn out. GL!

[what_2_do]

I was 17 when I got pregnant and he was 24.

Thanks for your response...I'm so anxious to get this over with. But I also want to make sure that this is definately the RIGHT thing to do for my little gilrl. It's so difficult to be a "great" parent, especially when there are so many ways to attack a problem. Which one is right?

[rmet4nzkx]

It really helps if you keep to one thread, that means you won't have to continue to answer the same questions or we go and research your story. On first glance it appears to be overkill for what should be a simple TPR, but then we learn you were 17 and he was 24, so there is the question of statuary rape since you were underage, then we learn you were married and divorces while you were pregnant. This raises more questions since he was not incarcerated on those charges and someone gave permission for you to marry. Actually it may not be a slam dunk if you were implicated in this, especially if it goes to a jury trial.

Originally Posted by what_2_do

What is the name of your state? AZ
My ex was sentenced to 13 years of prison when our daughter was 2 months. Since then I have graduated high school, gotten a degree and remarried. When I was remarried 2 years ago my ex decided to begin contact with our daughter and also decided to file for visitation. In the mean time, my husband and I had been saving money so that we could file for Termination of parenal rights so that my husband can adopt. Since my ex took the initial step, we have begun the TPR process and hired an attorney, a psychologist, an adpotion agency and a GAL has been appointed and now we're just waiting for our trial date in Feb. But my stomach turns every time I think about what could happen. Is there any one out there that has gone through this before? The GAL is for the termination, the Pshyc is for the termination and the adoption agency is also for the termination...but still I know that it's really up the Judge to decide. Are all these factors strong enough to convince a Judge? And what exactly constitutes as "the childs best interest" here?
Thank you so much in advance for your response.

I was 17 when I got pregnant and he was 24.

Thanks for your response...I'm so anxious to get this over with. But I also want to make sure that this is definately the RIGHT thing to do for my little gilrl. It's so difficult to be a "great" parent, especially when there are so many ways to attack a problem. Which one is right?

[url]http://forum.freeadvice.com/showthread.php?t=272492[/url]
I was divorced 3 years ago during my 4th month of pregnancy because my ex was arrested and sentenced to 13 years of prison. He recently requested parenting time and the court awarded him one Saturday of the month. The court ordered the paternal grandmother to pick up the child 10:00am Saturday and return 10:00am Sunday. Two visits have taken place and the first visit was the first time that my daughter met her biological father. My husband and I are in the process of finding an attorney to terminate his parental rights because he still has 10 years to go and in the State of Arizona those are grounds for termination. In reality, what are my chances to get his rights terminated? If the court has appointed a general attorney to protect the child's rights, (I beleive they're called Guardian Ad Litem??) and the attorney advises the court that it is in the best interest of the child to terminate his parental rights, what are the cahnces of then actually terminating his rights?

He was arrested for aggravated assault, aggravated assault w/ deadly weapon, and armed robbery
[url]http://forum.freeadvice.com/showthread.php?t=273971[/url]
Yesterday was our initial hearing for terminating my ex's parental rights. My husband an I hired a psychologist, an attorney, adoption agency, and the court also appointed a guardian ad litem who are ALL FOR terminating his rights. Yesterday my ex's counsel asked the Judge to have a jury trial. My ex is incarcerated until 2012. What does a jury trial mean? Is that a negative or a positive in terminating his rights? Is that a possibility in my state? Does this prolong the process?

The reason why a guardian ad litem was appointed by the court was because this person is not bias, they are just looking out for the child's best interest. This person came to our home and did a home study. My daughter has always been in my care and I have to thank God for not having ANY bad skeletons hidden in my closet. I have been the best parent I can possibly be and now there is someone who not only WANTS, but CAN give my daughter a model father figure. My daughter will be 11 years old when my ex is released. He is in prison for aggravated assault and aggravated assault with a deadly weapon, and armed robbery. I was really nervous about going forward with this termination of his parental rights because it's a very serious move, but I continue to keep my daughter's best interest in mind above all things and she deserves to have a "normal" life. We are in the process of getting my ex a psych evaluation which is costing us a lot of money, but again, it's all worth it for my daughter.
Thank you for the input on the jury trial, I will be in contact with my attorney in regards to that because it's rare to see a jury trial for a termination of parental rights.

Statute: §§ 8-846(B); 8-533

Circumstances That Are Grounds for Termination
Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Establish Paternity

Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Failure to Maintain Contact

Failure to Provide Support

Ariz. Rev. Stat. Ann. § 8-533 (West, WESTLAW through 6-11-03)

[what_2_do]

I guess I'm not understanding you....
When I found out I was pregnant at 17, my parents basically cornered me to get married. They gave consent for me to marry 1 month before I turned 18.
So I guess I don't understand the complexity of the case that you refer to above.