Parental Rights Revoked?

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

Can I ask the Judge for parental rights be taken from parents if My husband and I have custody and the parents are unfit. We have sole custody of the child since she was two weeks old she is now Five years. I can't afford a attorney and I have a court case for child support coming up against the father who is back in Jail.
May we ask that Judge or the Judge who awarded us custody? If so how do I go about asking? The Mother and Father both are in and out of Jail, and we do not speak with the parents because of their drug use, the in and out of Jail and the child support that they do not pay. If I can ask for this about Parental rights revoked, we also want the child to have our last name. I can not afford a attorney, the custody case battle broke and cleaned out our savings.

If the court didn't already see fit to terminate the parental rights, I can only see an uphill battle at this point. You will NEED an attorney.

As for changing the child's name - not likely at all without permission.

Proserpina said:

If the court didn't already see fit to terminate the parental rights, I can only see an uphill battle at this point. You will NEED an attorney.

As for changing the child's name - not likely at all without permission.

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In all likelihood, the only way to remove parental rights is if OP and husband adopt. First stop would be to consult with an Alabama adoption attorney (many will give an initial consultation free) to see if the local court is able (or likely) to allow an adoption even if the parents object in a case like this.

If the answer is 'yes', then they can start saving money to retain an attorney to do the adoption. If the answer is 'no', then they might as well drop the idea.

mistoffolees said:

In all likelihood, the only way to remove parental rights is if OP and husband adopt. First stop would be to consult with an Alabama adoption attorney (many will give an initial consultation free) to see if the local court is able (or likely) to allow an adoption even if the parents object in a case like this.

If the answer is 'yes', then they can start saving money to retain an attorney to do the adoption. If the answer is 'no', then they might as well drop the idea.

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I agree. They already have sole custody therefore the only viable reason to "rock the boat" is if there is a good chance that an adoption can be done without the consent of the parents.

Destiny1969 said:

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

Can I ask the Judge for parental rights be taken from parents if My husband and I have custody and the parents are unfit. We have sole custody of the child since she was two weeks old she is now Five years. I can't afford a attorney and I have a court case for child support coming up against the father who is back in Jail.
May we ask that Judge or the Judge who awarded us custody? If so how do I go about asking? The Mother and Father both are in and out of Jail, and we do not speak with the parents because of their drug use, the in and out of Jail and the child support that they do not pay. If I can ask for this about Parental rights revoked, we also want the child to have our last name. I can not afford a attorney, the custody case battle broke and cleaned out our savings.

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What you think is unfit may not meet the legal requirements of unfit.

http://alisondb.legislature.state.al.us/acas/CodeOfAlabama/1975/127565.htm

Thank You to everyone that replied. I have been asked many times by the child why she has a different last name, and I have explained because of her Birth Parents. She is very Bright, and knows she has her Birth Parents, and She has Us.

I will seek a adoptive Lawyer for advice on the last name change and the Parental Rights revoked.

When we went to court way back when, The mother was ordered to get out of the Fema Trailer, seek a Job and get off the drugs. She has not complied with any of the orders. Also, she has gone back to drinking. She does not have any of her children except the last child she just had because she lives with her Boyfriend on the parents property. This is the reasons I say she is unfit. I am replying to the last Poster.

As far as the Father. He is back in Jail after being out for less than a Year brought up on probation Violation and Felony charges. So I don't see him being released for another 7 years or more. He say the child one time the entire time he was out. Only because of a Birthday Party that he attended with the Grandmother, Which I keep in contact with.

On the advice that was given, I will seek a attorneys advice and Pray that we can have their Parental Rights revoked, and Last name Change so the child will be complete in Our Family and Knows this is where she belongs.