Can I terminate parental rights without having to hire a lawyer?

[cmdobson]

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

My (estranged for 6 years due to domestic violence) husband is currently in a county jail for rape of his daughter, my daughter's step-sister. She was 4 when this happened and my daughter was 2. He swears and my daughter doesn't remember any violence directed towards her. Both were in our custody at the time of the attacks. I had no idea that this was going on. The investigator in the case called him a "chameleon," and advised that he could change his personality to fit any situation...one of the most dangerous types of child rapists. He believed him to be innocent in the beginning, until he interviewed the child. He also attempted to kill me at one point in our marriage, in a very devious attack, in front of the children. I distracted him and got away, and took the girls and ran. I have gathered the courage to finally try to divorce this subject of a man. I want to terminate his parental rights to my daughter. He has never paid child support, because he is not the type of man that can hold down any job for a long period of time. He depends on the women in his life to support him. I have befriended the women in his life in the past, and let my daughter visit supervised by them...not knowing the evil things he had done to his other daughter. The minute I found out about that, I stopped all communication between them, and my daughter was devastated. My question for this forum is: Can I terminate parental rights without having to hire a lawyer? I know this man, and I know he will contest. It is in his nature. Thank you for any and all input.

 

[Proserpina]

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

My (estranged for 6 years due to domestic violence) husband is currently in a county jail for rape of his daughter, my daughter's step-sister. She was 4 when this happened and my daughter was 2. He swears and my daughter doesn't remember any violence directed towards her. Both were in our custody at the time of the attacks. I had no idea that this was going on. The investigator in the case called him a "chameleon," and advised that he could change his personality to fit any situation...one of the most dangerous types of child rapists. He believed him to be innocent in the beginning, until he interviewed the child. He also attempted to kill me at one point in our marriage, in a very devious attack, in front of the children. I distracted him and got away, and took the girls and ran. I have gathered the courage to finally try to divorce this subject of a man. I want to terminate his parental rights to my daughter. He has never paid child support, because he is not the type of man that can hold down any job for a long period of time. He depends on the women in his life to support him. I have befriended the women in his life in the past, and let my daughter visit supervised by them...not knowing the evil things he had done to his other daughter. The minute I found out about that, I stopped all communication between them, and my daughter was devastated. My question for this forum is: Can I terminate parental rights without having to hire a lawyer? I know this man, and I know he will contest. It is in his nature. Thank you for any and all input.

Has he been convicted?

If yes, how long is the sentence?

 

[cmdobson]

He hasn't been convicted yet
He's taking it to trial even though he confessed.
He has been in the county jail approximately one year.

 

[Proserpina]

He hasn't been convicted yet
He's taking it to trial even though he confessed.
He has been in the county jail approximately one year.

There is a possibility that he won't be convicted - if that's the case, you might find it difficult to get his rights terminated.

(I'm assuming he's going to say the confession should be tossed)

I'm sort of sitting on the fence with two distinctly different options. Let's start with what might be the "easiest".

When was the last time he visited (be it in person or on the phone) with you daughter?

And he's paid no child support in forever, right?

 

[cmdobson]

Last visit in person was November 2013, and I let her call to tell him goodbye in January 2014.
No, he has never paid child support. Maybe $100 in her lifetime.

 

[Ohiogal]

Last visit in person was November 2013, and I let her call to tell him goodbye in January 2014.
No, he has never paid child support. Maybe $100 in her lifetime.

Is there a child support order? Have you allowed visits/contact?

 

[cmdobson]

Is there a child support order? Have you allowed visits/contact?

There was never a child support order. Basically I just left, and was glad to be gone. I still can't stand to be alone with him to this day. I allowed supervised visits after I got to know his current girlfriends well, because my daughter thought her dad hung the moon and would always ask to see him, especially around holidays. I had no idea what he had done to my child's older sibling...this came out when she told a friend in confidence--and the friend told her mother--and the mother called DHR.

 

[TheGeekess]

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

My (estranged for 6 years due to domestic violence) husband is currently in a county jail for rape of his daughter, my daughter's step-sister. She was 4 when this happened and my daughter was 2. He swears and my daughter doesn't remember any violence directed towards her. Both were in our custody at the time of the attacks. I had no idea that this was going on. The investigator in the case called him a "chameleon," and advised that he could change his personality to fit any situation...one of the most dangerous types of child rapists. He believed him to be innocent in the beginning, until he interviewed the child. He also attempted to kill me at one point in our marriage, in a very devious attack, in front of the children. I distracted him and got away, and took the girls and ran. I have gathered the courage to finally try to divorce this subject of a man. I want to terminate his parental rights to my daughter. He has never paid child support, because he is not the type of man that can hold down any job for a long period of time. He depends on the women in his life to support him. I have befriended the women in his life in the past, and let my daughter visit supervised by them...not knowing the evil things he had done to his other daughter. The minute I found out about that, I stopped all communication between them, and my daughter was devastated. My question for this forum is: Can I terminate parental rights without having to hire a lawyer? I know this man, and I know he will contest. It is in his nature. Thank you for any and all input.

You will need an attorney. There's no other way about it.