Involuntary Termination of Parental Rights

[amorican88]

What is the name of your state (only U.S. law)? Iowa.


I have a 5 and 8 year old from my first marriage. I have been re-married for two years now. The childrens biological father is has no interest in the children. Hasn't seen them in 5 years (has only seen the 5 yo once in his life). No one has any idea of where he is at. He is a persistent felon and has done time in prison and is wanted again in the state of Iowa. Is drafting a petition and getting before a judge to terminate his rights something that you have to have an attorney for? Is it something that I can draft myself? I believe that he falls under several of the requirments to be revoked. Also as I said he is wanted on several felony charges so I'm sure he wont show for the hearings....any advise? thanks....

[Banned_Princess]

From what I understand, You need a lawyer for this situation.

The state is the only one who can terminate rights involuntarily.

You have to find him and get him to agree, and if he doesn't agree, get the state to do it. (personally that's what I would do.)


The state will do it if he doesn't pay for them, or he hasn't seen them and doesn't want to... BUT>>> but the state will give him a chance to see them and pay for them, basically correct the problems.

So get a lawyer, or put massive time into helping the state terminate his rights.

[amorican88]

Thank you.....I wouldn't have a clue as to where in the world he would be. No one does. He currently owes more than $70,000 in back support. He maintains no contact, he has abandoned them, hasn't seen them in years. I've heard you have to put an ad in the paper to notify them of the hearing and if they don't show the judge will likely terminate rights. He will not show because he is wanted and will leave in handcuffs. Plus he has disapearred and probably isn't in the state anymore. Thought it might be possible to avoid the $$$ of an attorney....any other advise out there????? thanks....

[LdiJ]

Originally Posted by amorican88

Thank you.....I wouldn't have a clue as to where in the world he would be. No one does. He currently owes more than $70,000 in back support. He maintains no contact, he has abandoned them, hasn't seen them in years. I've heard you have to put an ad in the paper to notify them of the hearing and if they don't show the judge will likely terminate rights. He will not show because he is wanted and will leave in handcuffs. Plus he has disapearred and probably isn't in the state anymore. Thought it might be possible to avoid the $$$ of an attorney....any other advise out there????? thanks....

The previous post wasn't completely accurate.

Many states will not allow a termination of a parents rights unless a stepparent is willing to adopt the child and take over the legal responsibilities, because the state wants TWO parents responsible for children.

There can be exceptions, most particularly when a parent is a violent criminal, but its not easy to do.

In either of the above scenarios its simply not a DIY project, an attorney is truly needed.

[amorican88]

Thank you for the advise...my husband is willing to adopt. That is the reasoning behind wanting the revocation. Does that make the process or the courts ruling to revoke any easier? thanks...

[Seanscott]

Our case was very similar to yours. Shop around and you can find an attorney that will give you a consultation for a reasonable. The consultation cost us $50 and it was well worth it. Good luck.

[LdiJ]

Originally Posted by amorican88

Thank you for the advise...my husband is willing to adopt. That is the reasoning behind wanting the revocation. Does that make the process or the courts ruling to revoke any easier? thanks...

You have a father who has clearly abandoned the children, and a stepfather who is willing to adopt. The case should be a winner for you, but you MUST have an attorney.