husband in jail, I want total custody of daughter and no parental rights for him...

[InsaneJane]

"It almost never fails: OP asks for advice"

I am new here. What is "OP"?

Original Poster User that started this thread: julsters

 

[mistoffolees]

This apparently was not a divorce case until after he got charged with a serious crime. Therefore your logic is faulty.

So in your world, false charges are ONLY made in divorce cases?

Sadly, that's not the case. There are lots of people charged with crimes they didn't commit - for all sorts of reasons. All we know is that he was charged with a crime. The initial post says that he is being held on charges - which pretty strongly suggests that no conviction has occurred. OP has not come back to clarify one way or the other, so we have to go with what the post says.

No matter how much you complain about it, I was right - he is not likely to lose his parental rights for being CHARGED with a crime.

 

[Just Blue]

"It almost never fails: OP asks for advice"

I am new here. What is "OP"?

OP = Original Poster or Original Post. In the case of my signature line it means the former.

 

[>Charlotte<]

New York
Circumstances That Are Grounds for Termination of Parental Rights
Soc. Serv. Law §§ 358-a; 384-b

An order terminating parental rights shall be granted only upon a finding that one or more of the grounds specified below are based upon clear and convincing proof:

The parent has abandoned the child for 6 months immediately prior to the date on which the petition is filed in the court.
The parent is presently and for the foreseeable future unable, by reason of mental illness or mental retardation, to provide proper and adequate care for the child.
The child is a permanently neglected child.
The parent severely or repeatedly abused such child.

When a court determines that reasonable efforts to reunite the child with his or her parent are not required, a petition to terminate parental rights may be filed immediately. Reasonable efforts shall not be required when the parent has subjected the child to aggravated circumstances, as defined below.

The parent of such child has been convicted of:

• Murder or voluntary manslaughter and the victim was another child of the parent
• The attempt to commit any of the above crimes
• Assault or aggravated assault upon a person less than age 11 that resulted in serious physical injury to the child or another child of the parent
• The parent has failed for 6 months to keep the agency apprised of his or her location.
• An incarcerated parent has failed on more than one occasion to cooperate with efforts to assist the parent to plan for the future of the child or to plan and arrange visits with the child.
• The parental rights of the parent to a sibling of the child have been involuntarily terminated.

 

[Ohiogal]

This is serious. I just joined this site and I do not see much advice that appears to be from LAWYERS. I believe most of the posts are from wannabe lawyers or folks just having fun. Your daughter is in danger. You need to hire the best custody lawyer you can find.

I am sure there are many well-meaning people posting responses here, maybe even a real lawyer or two. This site is interesting, but not the place to come for legal advice for a life threatening issue. Good luck!

Oh good grief. YOu need to stop now. She can petition for sole custody and such but many states -- and New York is I believe one of them -- will NOT terminate a parent's rights unless there is someone else to adopt. Dad would still be responsible for child support. Doesn't mean he will see the child EVER. But he still has a legal obligation.

 

[Ohiogal]

New York
Circumstances That Are Grounds for Termination of Parental Rights
Soc. Serv. Law §§ 358-a; 384-b

An order terminating parental rights shall be granted only upon a finding that one or more of the grounds specified below are based upon clear and convincing proof:

The parent has abandoned the child for 6 months immediately prior to the date on which the petition is filed in the court.
The parent is presently and for the foreseeable future unable, by reason of mental illness or mental retardation, to provide proper and adequate care for the child.
The child is a permanently neglected child.
The parent severely or repeatedly abused such child.

When a court determines that reasonable efforts to reunite the child with his or her parent are not required, a petition to terminate parental rights may be filed immediately. Reasonable efforts shall not be required when the parent has subjected the child to aggravated circumstances, as defined below.

The parent of such child has been convicted of:

• Murder or voluntary manslaughter and the victim was another child of the parent
• The attempt to commit any of the above crimes
• Assault or aggravated assault upon a person less than age 11 that resulted in serious physical injury to the child or another child of the parent
• The parent has failed for 6 months to keep the agency apprised of his or her location.
• An incarcerated parent has failed on more than one occasion to cooperate with efforts to assist the parent to plan for the future of the child or to plan and arrange visits with the child.
• The parental rights of the parent to a sibling of the child have been involuntarily terminated.

And that is not the case here. And this applies to the state moving to terminate rights and NOT the other parent.

 

[mistoffolees]

Oh good grief. YOu need to stop now. She can petition for sole custody and such but many states -- and New York is I believe one of them -- will NOT terminate a parent's rights unless there is someone else to adopt. Dad would still be responsible for child support. Doesn't mean he will see the child EVER. But he still has a legal obligation.

Thank you. That's what I've been trying to say. Most states do not like to terminate parental rights. She could go for sole custody and could go for a court order limiting him to supervised visitation, but she needs to forget about terminating his parental rights (unless she remarries and the new husband wants to adopt the child. Even then, the state probably won't do it over the biological father's objections.

 

[mistoffolees]

This is serious. I just joined this site and I do not see much advice that appears to be from LAWYERS. I believe most of the posts are from wannabe lawyers or folks just having fun. Your daughter is in danger. You need to hire the best custody lawyer you can find.

I am sure there are many well-meaning people posting responses here, maybe even a real lawyer or two. This site is interesting, but not the place to come for legal advice for a life threatening issue. Good luck!

OP has already been told that she can request sole custody and supervised visitation.

IF he is convicted of sexually abusing a daughter (a big 'IF', btw), then she is likely to get those things. But not termination of his parental rights.

 

[LdiJ]

Oh good grief. YOu need to stop now. She can petition for sole custody and such but many states -- and New York is I believe one of them -- will NOT terminate a parent's rights unless there is someone else to adopt. Dad would still be responsible for child support. Doesn't mean he will see the child EVER. But he still has a legal obligation.

In all states parental rights can be terminated in an egregarious situation. Otherwise CPS wouldn't be able to get parental rights terminated. There are tons of kids in the custody of other family members whose parent's rights were terminated.

If he gets convicted, it wouldn't surprise me at all if he ended up being one of them.

 

[s_abbott84]

This is serious. I just joined this site and I do not see much advice that appears to be from LAWYERS. I believe most of the posts are from wannabe lawyers or folks just having fun. Your daughter is in danger. You need to hire the best custody lawyer you can find.

I am sure there are many well-meaning people posting responses here, maybe even a real lawyer or two. This site is interesting, but not the place to come for legal advice for a life threatening issue. Good luck!

If this WERE an all lawyer site I doubt the word "free" would be anywhere in the title

 

[Ohiogal]

In all states parental rights can be terminated in an egregarious situation. Otherwise CPS wouldn't be able to get parental rights terminated. There are tons of kids in the custody of other family members whose parent's rights were terminated.

If he gets convicted, it wouldn't surprise me at all if he ended up being one of them.

CPS is the state and NOT the other parent. CPS can get one parent's rights terminated however they (the state) needs a reason to become immersed in this situation. Dad getting convicted is not it. Dad's conviction DOES NOT automatically put the child(ren) at risk because dad may not get any visitation. CPS comes into play when they can prove IMMEDIATE harm to the child due to circumstances. And if one parent is dragged into it then both parents are dragged into the situation because it is on BOTH parents to be responsible to prevent the child from being neglected, dependent or abused. CPS is not used to find a parent guilty of the above but rather the CHILD is adjudicated (legally found by a court) to be neglected, dependent or abused due to what is spelled out in the law.
You are wrong on it being used in this situation LD. I could write five pages explaining way and the above is a very simple explanation. It does NOT apply here.