Relinquish of Parental Rights

[slcarter]

What is the name of your state? Louisiana
My son is soon to be 6, his father and I split ways (never married) on his 1st Bday. The father waited almost a full year to file for legal visitation. He was granted week to week pending the outcome of a court ordered drug test. He failed and in return was granted "supervised" visitation. His parents were to be the supervisors. They were allowing him to take my son on the weekends, so I stopped visitation. A year later he took me back to court and had the "supervision" removed from visitation. The judge agreed but put in the papers that he had to submit to drug tests at MY discretion. This was 3 years ago, I requested 3 tests within the first 6 months and he failed to take any of them. I sent him a certified letter stating that I was suspending visitation until he submitted to a drug test. He has not seen my son in over 2 years, but has made about 6 attempts to see him in the 2 years. I would like to know if I have a chance of getting him to relinquish all parental rights to my son. I am willing to give up all child support if he will sign. I don't know the laws in my state,but it has been over 2 years since he has had any contact with my son.
PLEASE HELP!!!!!

 

[Grace_Adler]

Here's a website that shows you statutes at a glance.

www.calib.com/nccanch/pubs/sag/groundtermin.cfm

Also you can try doing an online search on google, yahoo, amazon, alta vista or something like that for your state statutes.

 

[slcarter]

Thanks for the website, but it really doesnt give me much information by state. Most of the information I have found on the internet pertains to individual cases with mental instability issues involved.

 

[Whyte Noise]

On the link that Grace gave you, if you scroll down the page, you'll see each individual states listed, along with "X"s in the catagories which that state recognizes as reason to terminate parental rights. Louisiana's is there. I read it. Here's the link for the actual Louisiana statute, that lists the same reasons that Grace's linked website listed:

http://www.legis.state.la.us/tsrs/tsrs.asp?lawbody=CHC&title=1015&section=

This is the one you're looking for I believe...

(4) Abandonment of the child by placing him in the physical custody of a nonparent, or the department, or by otherwise leaving him under circumstances demonstrating an intention to permanently avoid parental responsibility by any of the following:

(b) As of the time the petition is filed, the parent has failed to provide significant contributions to the child's care and support for any period of six consecutive months.

(c) As of the time the petition is filed, the parent has failed to maintain significant contact with the child by visiting him or communicating with him for any period of six consecutive months

 

[slcarter]

Thanks

Thanks a bunch. That helps, now I just have to hope that a judge here will stand by those guidelines. I honestly dont know if I am in the wrong for denying visitation the few times he has attempted to see him, but in my opinion, how is it in the best interest of my child to release him into the custody of a man that has failed a drug test in court and refuses to submit to a court ordered request for drug testing on 3 seperate ocassions?

 

[slcarter]

Let me give a little background info on the father and then tell me legally where I stand.... He is married for the first time and just fathered his 5th child(2 are from his wife) my child was hi 3rd. He has no contact with the first 2(has never seen the oldest and his Parental Rights were terminated by a judge on the 2nd in the middle of our first custody battle). He has an ongoing problem with domestic violence charges, he and his wife were both arrested for theft recently(she was pregnant with 2nd child at the time) he refuses to take court ordered drug tests requested by me, he has moved 10 times over the last 3 years, hasnt held a job for longer than 3 months over the last 6 years and has only attempted to have his "court ordered" visitation appr. 6 times over the last 2 years. I had a restraining order against him previously and he was ordered by the court to complete an Anger Managemnt class which he never did. He has several outstanding warrants. In my opinion and from what I have researched, I think I have a fair chance of getting a judge to terminate Parental Rights, but again that may be wishful thinking on my part.

 

[slcarter]

just wondering if anyone read over this and has an honest legal opinion on what my chance of terminating his rights are?

One more thing I forgot to add: in my court order it states that my sons father is not to be present during the change of custody for visitation, his wife is supposed to be the one picking my son up and dropping him off, the few attempts that were made for visititation over the last 2 years were made by him in person at my home.