Terminating NCPs Rights

[proudfatherof1]

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

Hi, I have had custody of my son for 4 years now. I am trying to see about terminating his moms rights. I heard that mental illness, non support, and abandonment are good reasons to terminate a NCP's rights. Is this correct?

A little background: Mom walked out and left child with me when he was 2 years old. She makes contact once a year on his birthday. She does not pay any kind of CS. She does not help out with raising him at all. She has Borderline Personality Disorder and recieves SSI, so I can not get CS from her. She has been placed in psychiatric care numerous of times and has not seen our son in the last 4 years. Since she does make contact atleast 1 time a year does that keep me from being able to try to get her rights terminated? Any advice would help.

Thanks,
Proudfather

 

[Silverplum]

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

Hi, I have had custody of my son for 4 years now. I am trying to see about terminating his moms rights. I heard that mental illness, non support, and abandonment are good reasons to terminate a NCP's rights. Is this correct?

Where'd you "hear" that?

A little background: Mom walked out and left child with me when he was 2 years old. She makes contact once a year on his birthday. She does not pay any kind of CS. She does not help out with raising him at all. She has Borderline Personality Disorder and recieves SSI, so I can not get CS from her. She has been placed in psychiatric care numerous of times and has not seen our son in the last 4 years. Since she does make contact atleast 1 time a year does that keep me from being able to try to get her rights terminated? Any advice would help.

Thanks,
Proudfather

If you do successfully terminate her rights, you won't get CS then, either. So what's the point?

 

[mistoffolees]

The law and background is here:
Grounds for Termination of Parental Rights Pennsylvania -

Most of the items there are subject to interpretation. In general, though, the court is most likely to terminate parental rights if the parent is a danger to the child. There's nothing in your post that suggests that she is. Borderline Personality Disorder is not typically a danger to people around them.

Termination of parental rights is not an easy matter and would require you to have an attorney, so why not make an appointment with one to discuss it.

 

[proudfatherof1]

Silverplum: I heard that from a good friend of mine who went through it with her ex husband. I do not care about the CS. I only care about my son being safe. The point of terminating her rights is so he can be adopted by my new wife. We have been married for 3 years and to him that is mamma.

Mistoffolees: She is a danger to herself. She has tried to commit suicide twice in the last 7 years. The most recent one being 6 months ago from what her own Aunt told me. I read that some states will terminate a parents right if there is a parental bond with a step-parent that raises that child as their own. Which my wife has done.

I will start calling around on Monday to see about a Lawyer in my area. I was just wanting to know if anyone else had gone through this. If they knew how the laws in PA worked. Anyone in the Blair County area of PA know anything about how they work when it comes to terminating parents rights?

 

[CJane]

Is there a stepmother involved who is willing to adopt?

Because terminating rights w/out a pending adoption is virtually impossible, even in states where it's technically allowed. It will REQUIRE an attorney and probably a very long and involved (and expensive) court process.

 

[TheGeekess]

Is there a stepmother involved who is willing to adopt?

Because terminating rights w/out a pending adoption is virtually impossible, even in states where it's technically allowed. It will REQUIRE an attorney and probably a very long and involved (and expensive) court process.

Especially if Mom decides to fight it.

 

[proudfatherof1]

yes there is a stepmom willing to adopt. My wife. I am not worried if biological mom tries to fight it. I have more than enough I believe to get her rights terminated. Even most of her own family backing and supporting me. Also the biological mom is in a physically abusive relationship. From what her family tells me it works both ways so cops and children youth services gets called out there a lot.

 

[CJane]

yes there is a stepmom willing to adopt. My wife. I am not worried if biological mom tries to fight it. I have more than enough I believe to get her rights terminated. Even most of her own family backing and supporting me. Also the biological mom is in a physically abusive relationship. From what her family tells me it works both ways so cops and children youth services gets called out there a lot.

I wouldn't ask this if you weren't in PA, but are you prepared for HER parents to get court ordered visitation?

 

[proudfatherof1]

If it comes my ex's mom getting it *she does not know who her father is* then yes. I do not think I will have to worry about that though. The grandmother is a convicted drug dealer who tried to sell drugs to the police. She is out of Jail now. The grandmother has also lost all her children including just last year her youngest son to children youth services for having an unsafe living enviroment.

 

[Silverplum]

"Mental illness" is not one of the grounds for involuntary TPR in PA.

http://library.adoption.com/articles/grounds-for-termination-of-parental-rights-pennsylvania.html

 

[ecmst12]

It should also be pointed out that if all happens the way you want and your wife adopts, she will become mom forever and ever, even if you and she end up getting divorced somewhere down the line.

 

[Tex78704]

The PA Supreme Court recognizes that a parent who cannot afford representation in a termination of parental rights case has a constitutional right to counsel.

If mom contests your termination proceedings, and she cannot afford an attorney, one may be appointed for her at the county's expense. If so, your legal fees could go up rather quickly to litigate this case, and you could end up losing. Mom's mental health issues could be leveraged in her favor to protect her against termination of her parental rights.

"Clear and convincing" evidence is required to prevail in termination cases, and courts are inclined to err on the side of preserving parental rights, which is presumptively in a child's best interests. This includes offering parents opportunities to correct any issues which are "good cause for termination"... prior to termination.

While termination would surely make things nice and tidy for your family by getting your ex permanently out of the picture, losing this case could disrupt your current situation where your ex is minimally involved, even if only on birthdays for now.

Be prepared for the possiblity that if you go down this road and mom challenges this and wins, you may find her suddenly more active in her child's life, and with a visitation order in place. Which is as it should be...

 

[AbbaDabba730]

In my opinion it is not a good idea for OP to travel down the road he is. I would not suggest mom being unfit and wanting her rights terminated based on her 'mental illness'.

As far as I know mom would have rights in regards to her mental health issues and OP as far as I know is not a psychologist who can diagnose mom, and even if he it would be a conflict for him.

So my suggestion (for what it's worth) do not go down that road! I do not think a judge would be happy with this in front of him/her

 

[SESmama]

Would it not be better to go back and ask for supervised visits for mom, should she decide to see her child, and request final legal say? Thatbwou,d probably cover what it is you are hoping to accomplish. Then, you can give step-mom a POA for anything need doing. You would avoid ne TPR and possible GPV suit.

 

[Mom_of_Two]

Would it not be better to go back and ask for supervised visits for mom, should she decide to see her child, and request final legal say? Thatbwou,d probably cover what it is you are hoping to accomplish. Then, you can give step-mom a POA for anything need doing. You would avoid ne TPR and possible GPV suit.

I would agree, but if Dad dies, then Stepmom may be SOL, and the child would go to a virtual stranger. Sometimes it's good to make it formalized, especially if mom really as little to no contact.