Forcing release of parental rights

[cscott369187]

What is the name of your state? Ohio
I have an eignt year old daughter by my ex-husband who never sees her, talks to her, and has never paid child support. He is a drug addict who has been constantly in and out of jail, rehab, and half-way houses. I worry about if something should happen to me, he'd be her gaurdian. Is there a way I can force him to sign away his parental rights?

[seniorjudge]

Talk to the juvenile officer in your area to see if he has committed enough bad acts for the juvies to file a termination of parental rights on him.

[milspecgirl]

you have to have someone there who can adopt. most states require a stepparent you have been married to for at least a year. Even then, it is very very tough. We have the same situation only it's been 12 yrs and 2 kids have been taken by DHS and the courts still won't teminate

[TheGeekess]

Not that I know diddly-squat about Ohio state law, but I did find this via Google:

"I. Designation of Standby Guardian

In Ohio, the main way to nominate a guardian for children has been through a Durable Power of Attorney. Therefore, it is in the commercial code that standby guardianship is described: "the power of attorney shall become effective at a later time or upon the occurrence of a specified event, including, but not limited to, the disability, incapacity, or adjudged incompetency" of the parent. [Commercial 1337.09(B)] However, lawmakers also have provided in the "guardian" section of the probate code a way for a parent to nominate a standby guardian in any other written attested document. [Probate 2111.121] Whether through a Durable Power of Attorney, or through another kind of attested writing, the emphasis is on the occurrence of a future event that begins the guardianship. The event need not be incapacity or disability.

Such a nomination amounts to a preference for the court to consider. A child 14 years or older also may express a preference, but the parent's nomination would tend to carry greater weight with the court. The law is clear, however, that the court ultimately will make an independent judgement about what is in the child's best interests. [Probate 2111.02(D); 2111.12]

The parent is free to design the terms of a designation – whether it shall apply to both the child's activities and property, or just the activities; when it shall commence; who the guardian shall be; whether it is to include unborn children; and how long it shall last. [Commercial 1337.09; Probate 2111.121] The parent likely will require the help of a lawyer to work out a designation plan for her children unless the Clerk of the Court has very clear forms.

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II. Agreement of the Non-Custodial Parent

There is no requirement that the non-custodial parent sign the nominating document. The standby guardianship laws do not describe requirements for finding and obtaining the consent of the non-custodial parent. However, other parts of Ohio law lay down specific factors for determining from whom consent needs to be obtained. For example, the adoption laws exclude the following kinds of parents from having to consent: those who have "failed without justifiable cause to communicate with the minor or to provide for the maintenance and support" for at least the preceding year; a putative father who fails to register as the father within 30 days of the birth; or who has willfully abandoned the mother during her pregnancy; or whose parental rights have been terminated; or who has been "judicially declared incompetent" and failed to respond to a request for consent; or one who simply fails to respond to the request whether or not incompetent; or wherever it is "unreasonably difficult" to obtain the consent, whether because of prolonged absence, unavailability; or any other reason. [Adoption 3107.07]

In other words, a non-custodial parent who demands preference over another nominated guardian, will have to have already expressed his willingness and ability to parent."

[url]http://standbyguardianship.org/national/oh.asp[/url]

Here's the link to the actual code itself:
[url]http://codes.ohio.gov/orc/2111.02[/url]

[Ohiogal]

And that means nothing because the courts will decide. She can nominate someone but dad will have first dibs. Senior was right -- only if juvenile court terminates his rights will they. And most likely juvenile court won't because he doens't fit the criteria. She is stuck with the man she chose as daddy until she remarries and is in a stable relationship for a year or so and that man wants to adopt and then they can petition for a stepparent adoption.

[cscott369187]

I am thinking about what's best for my daughter. My worry is due to the kind of life she would have with someone who's addicted to herion, never around, and can't even keep a roof over his own head.

[Ohiogal]

Originally Posted by cscott369187

I am thinking about what's best for my daughter. My worry is due to the kind of life she would have with someone who's addicted to herion, never around, and can't even keep a roof over his own head.

And you chose him. HE CANNOT sign his rights away unless you have a stepparent to adopt.

[TheGeekess]

Originally Posted by cscott369187

What is the name of your state? Ohio
I have an eignt year old daughter by my ex-husband who never sees her, talks to her, and has never paid child support. He is a drug addict who has been constantly in and out of jail, rehab, and half-way houses. I worry about if something should happen to me, he'd be her gaurdian. Is there a way I can force him to sign away his parental rights?

Seems to me the OP is not worried for now, but what happens if she's killed in a car wreck tomorrow? That's why I posted the information about Standby Guardianship.

I'm aware she can't have TPR done "just because".

[cscott369187]

Originally Posted by Ohiogal

And you chose him. HE CANNOT sign his rights away unless you have a stepparent to adopt.

Actually, I didn't choose to have a child with him. I was 17 years old, he was 21 when we were dating. He admitted to purposefully ripping a hole our condom to impregnate me intentionally because he was leaving for boot camp in the marines and thought I wouldn't wait for him. I was teen-aged girl who didn't believe in abortion and still don't. He also wasn't a herion addict or any close to the person he is today when I did have a choice and decided to marry him. Which actually that was kind of forced on me too. I was struggling to make it on my own with a baby working a full time job and going to nursing school full time and still unable to make the ends meet. He threatened to leave me and our daughter if I didn't marry him. (stupid me, yes) However, it's pretty unfair for you judge me and insinuate that I have my best interests in mind by wanting him out of the picture legally, when all I've ever tried to do was what was best for my little girl. What do I stand to gain by forcing his rights away? He's 3 years behind in child support and I've done nothing about it and will never because I don't want anything from him except for him to stand up and be a father or leave her alone. I'm tired of seeing the broken hearted look on my baby's face when the once or twice a year that he does call and promise to see her, he doesn't show or bother to call back. Try explaining that to an 8 year old.

[TheGeekess]

Originally Posted by cscott369187

I'm tired of seeing the broken hearted look on my baby's face when the once or twice a year that he does call and promise to see her, he doesn't show or bother to call back. Try explaining that to an 8 year old.

Tell her drugs make people behave in ways that are not normal or nice.

[cscott369187]

Originally Posted by TheGeekess

Tell her drugs make people behave in ways that are not normal or nice.

That's basically what I've told her, but she's a pretty smart kid and want's to know why he doesn't just stop taking the drugs so he can be a good daddy. Thanks for sticking up for me by the way. I'm glad someone understood what I was trying to ask. I just want to make sure my baby has a good life even if I'm not there to give it to her. I've got a lot of family and even my fiance who would gladly take her in, in the event of my death, if I could set it up legally in a will or such. I'm clueless as to the law even after lots of research on the matter and my personal attorney doesn't specialize in this, but says he THINKS it's next to impossible. I'm a nurse so med terminology, no problem, but legal mumbo jumbo seems to go strait over my head. Also, thanks for the article.

[LdiJ]

Originally Posted by cscott369187

That's basically what I've told her, but she's a pretty smart kid and want's to know why he doesn't just stop taking the drugs so he can be a good daddy. Thanks for sticking up for me by the way. I'm glad someone understood what I was trying to ask. I just want to make sure my baby has a good life even if I'm not there to give it to her. I've got a lot of family and even my fiance who would gladly take her in, in the event of my death, if I could set it up legally in a will or such. I'm clueless as to the law even after lots of research on the matter and my personal attorney doesn't specialize in this, but says he THINKS it's next to impossible. I'm a nurse so med terminology, no problem, but legal mumbo jumbo seems to go strait over my head. Also, thanks for the article.

I think that you should set up a standby guardianship. If he is really that disinterested he probably won't challenge it if something happens to you.

However, you also have the option of marrying your fiance and after a year or two pursuing a stepparent adoption.

[Silverplum]

Originally Posted by cscott369187

Actually, I didn't choose to have a child with him. I was 17 years old, he was 21 when we were dating. He admitted to purposefully ripping a hole our condom to impregnate me intentionally because he was leaving for boot camp in the marines and thought I wouldn't wait for him. I was teen-aged girl who didn't believe in abortion and still don't.

Actually, legally, you DID choose to have a child with him. By not aborting, and by not giving the child up for adoption, you DID legally choose to have the child with him.

That makes you Mom and him Dad. The hows and whys don't matter, legally.

[cscott369187]

Originally Posted by Silverplum

Actually, legally, you DID choose to have a child with him. By not aborting, and by not giving the child up for adoption, you DID legally choose to have the child with him.

That makes you Mom and him Dad. The hows and whys don't matter, legally.

I suppose from a legal stand point you're right, but I was just making a point to OHIOGAL when she tried to insinuate that I chose to have a child with a dead beat and was now only looking out for my benefit. Like I said, I just want my little girl to be protected. Thanks for your input though, I appreciate all the advice I can get. Even from OHIOGAL

[TheGeekess]

Just an FYI; OG is a lawyer. In your home state. She's got a really good idea about how things work in Ohio.