Questions about terminating rights....

What is the name of your state? Louisiana

I have a very unique situation I need help with. Back in the middle of 2004, my estranged drug-addicted wife and I went to court for custody of our two infant children and a legal separation because we have a covenant marriage. I now have sole custody of both of the children. The judge set out a very detailed plan consisting of rehab, drug screening, and supervised visitation for her.

It has been over 8 months since this time and the ex has done absolutely none of the things the judge ordered her to do. She hasn't seen the children since May of last year, nor has she contributed financially to their lives. She's basicaly a dead-beat mom.

Here are my questions....
#1 Can her rights be terminated even though we are not officially divorced yet (divorce will be final in February of next year)?

#2 If they can be, who would I need to speak to in regards to this issue? I don't really have the money to hire private counsel. I don't even know where to start to get the ball rolling.

#3 Does the state assign an attorney to the children to look out for their best interests as well?

Any help that any of you can give or even pointing me in the right direction would be greatly appreciated.

Unless the state is asking for the rights to be terminated most judges won't terminate the rights of another parent unless there is a stepparent waiting to adopt. Its mostly a financial thing. They want someone else there to be able to fullfill the financial obligations of the parent being terminated. Usually when the state terminates rights it is to open the child up for adoption.

Well, according to the Children's Codes of Louisiana, and also speaking from experience, if a parent does not make "significant contributions" for a period of six consecutive months, it is grounds to have their rights terminated. As far as the financial aspect of it, what does it matter because she hasn't provided a penny of child suppot thus far and chances are she never will. You need to remember....this is a pillhead who cares more about spending money on her next bottle of pain pills than she does on whether or not her children have diapers, food, clothes, etc. I've supported both of these kids for the last year without her help so I don't see how that could be a determining factor in the court's eyes.

UndecidedInLA said:

Well, according to the Children's Codes of Louisiana, and also speaking from experience, if a parent does not make "significant contributions" for a period of six consecutive months, it is grounds to have their rights terminated. As far as the financial aspect of it, what does it matter because she hasn't provided a penny of child suppot thus far and chances are she never will. You need to remember....this is a pillhead who cares more about spending money on her next bottle of pain pills than she does on whether or not her children have diapers, food, clothes, etc. I've supported both of these kids for the last year without her help so I don't see how that could be a determining factor in the court's eyes.

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It matters because it in essence bas**dizes children. MOST states DO require an adoption to go along with the TPR.. I know for sure SC doesn't but I can't say about Louisanna. Indiana DOES require and adoption yet to look up grounds for TPR it doesn't say so as they are separate issues yet they tie together so to say you've seen the grounds doesn't necessarily mean anything. A judge is the one who makes this determination based on the laws of the state. If you can prove she isn't fit for visitation then she won't get visitation but it doesn't eliminate her right to know important issues about the children or the right to express her opinion of things about her children.

Well, let me add another twist to the story that may help out. This woman also has another child, age 7, with another man. She sees this child on a semi-regular basis. By that, I mean that she sees her about once every month or two and has caused serious emotional problems with the child. The father has had to bring the child to a counselor because the child has begun to blame herself for the mother's absence in her life. This very child formally lived with her mother while I was married to her. The mother gave up her domicilliary status in return for a sum of money I won't disclose for confiditentiality reasons. Let's just say the amount was enough to make any druggie very happy. I only found out about this monetary exchange after I left her.

The judge in our case for the separation is already aware of all of this and also the fact that she is a druggie. I was in the judge's office this last week and spoke with her for a brief period of time. The judge is not to happy with the mother for her careless abandonment of the children, nor her lack of effort to work towards the goals the judge had set out for her to achieve via rehab. My philosophy and thinking on this is if I am able to file for the TPR, the judge may very well grant it sinc she is so familiar with the case. She knows the mother is a deadbeat and is not going to rehabilitate herself. I would think that this should have some type of factor in all of the proceedings for the TPR if I am able to file for such. I guess the only thing left to do now is find out if I can file it and who to talk to. Anyone have any ideas about where I can find a draft of a TPR filing for Louisiana to use as a basis for my filing?

UndecidedInLA said:

Anyone have any ideas about where I can find a draft of a TPR filing for Louisiana to use as a basis for my filing?

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Go to the courthouse and ask for a copy of a TPR filing.

I've tried that. They won't give one because of the minor child's name being on a copy of the papers. I even asked them to black it out.

Ok...here is what you are not understanding. No matter what a state statute may say, the state has a vested interest in making sure that each child has two legal parents who are financially responsible for the child.....even if the state has to chase one of those parents until the child itself is a grandparent to collect the back support.

Therefore, in general, its tougher than nails to get a judge to terminate a parent's rights unless there is a stepparent who is willing to adopt (and take over those legal responsibilities) or unless the parent is soooooo dangerous to the child that even supervised visitation is unacceptable.

Therefore you really need to consult with an attorney regarding what options may be viable.

Questioning about terminating rights

Name of State Louisiana

Undecided, i feel your pain. I am the mother of a beutiful six year old girl. I work two jobs to support her, i have a court order for my ex to pay child support, but he doesn't. The courts dont even want to do anything about it. I would rather him just give up his rights, but he won't do that. All i can say, is just keep fighting for your kids. and BRAVO to you. I am glad to see that their is men in this world that take an active interest in their kids lives.

and if there is any advice you can give me, i would really appriecate it.

koobarat said:

Name of State Louisiana
(snip)
I am glad to see that their is men in this world that take an active interest in their kids lives.
and if there is any advice you can give me, i would really appriecate it.

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What utter sexist nonsense.

UndecidedInLA said:

I was in the judge's office this last week and spoke with her for a brief period of time.

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Was your wife or her lawyer present? 'Cause this would be highly improper otherwise.

Is there a reason you are so hot to do this before the divorce is final? Do you think somehow she will get her act together and start abiding by the requirements set forth by the judge?

Fight your battles one at a time. Keep those kids safe, get the divorce and then take this on if you want to. Realize that even if she did all these things, you could easily ask for an extended period of supervised visitation AFTER she conforms to the orders of the court. And if she does get it together, the kids may want their mom to be in their lives.