Termination of Parental Rights

[Alejay1214]

Washington State

2 years ago my exhusband was convincted of 1st degree Assult a Class A Felony against myself. He has 9 years of prison time left. The crime was commited while my 2 children were in the home. My kids are now 5 and 7. I was granted full custody and he was given a no contact order for life from me and my children until they turn 18. At the time I was told by my lawyer that I would not be able to take away his rights because I didnt have another parent to assume custody besides myself. Now with further research I am wondering if that is false?
I am completely self sufficant without any goverment assistance. I would like to terminate his rights because he is a danger to the children and in the event that he was to be set free and something were to happen to me I worry he would seek them out in some way. I would also like to terminate his rights in order to make certain documents easier to obtain such as a passport for the kids.
Would it be possible for me to terminate his rights without remarrying and having a spouse adopt the kids?

 

[Just Blue]

https://app.leg.wa.gov/RCW/default.aspx?cite=13.34.180

 

[Ohiogal]

Washington State

2 years ago my exhusband was convincted of 1st degree Assult a Class A Felony against myself. He has 9 years of prison time left. The crime was commited while my 2 children were in the home. My kids are now 5 and 7. I was granted full custody and he was given a no contact order for life from me and my children until they turn 18. At the time I was told by my lawyer that I would not be able to take away his rights because I didnt have another parent to assume custody besides myself. Now with further research I am wondering if that is false?
I am completely self sufficant without any goverment assistance. I would like to terminate his rights because he is a danger to the children and in the event that he was to be set free and something were to happen to me I worry he would seek them out in some way. I would also like to terminate his rights in order to make certain documents easier to obtain such as a passport for the kids.
Would it be possible for me to terminate his rights without remarrying and having a spouse adopt the kids?

Nope. The courts are not going to bastardize children. If you do remarry, your spouse may be able to adopt the children thus terminating his rights.

If you want to get a passport without needing his cooperation, get an order for SOLE custody.

 

[LdiJ]

Washington State

2 years ago my exhusband was convincted of 1st degree Assult a Class A Felony against myself. He has 9 years of prison time left. The crime was commited while my 2 children were in the home. My kids are now 5 and 7. I was granted full custody and he was given a no contact order for life from me and my children until they turn 18. At the time I was told by my lawyer that I would not be able to take away his rights because I didnt have another parent to assume custody besides myself. Now with further research I am wondering if that is false?
I am completely self sufficant without any goverment assistance. I would like to terminate his rights because he is a danger to the children and in the event that he was to be set free and something were to happen to me I worry he would seek them out in some way. I would also like to terminate his rights in order to make certain documents easier to obtain such as a passport for the kids.
Would it be possible for me to terminate his rights without remarrying and having a spouse adopt the kids?

If you have full/sole custody then you do not need his signature to get passports for your children, or his signature on anything else either.

The restraining order until the children turn 18 is enough to protect them if something happens to you. Just be sure that you have a will in place that nominates someone you trust to be their guardian. A judge will not be bound by that nomination but will definitely take your last wishes into serious consideration.

In a way though, I am a little surprised that his rights were not terminated in this instance. When someone goes to prison for that kind of domestic violence in front of the children, their parental rights are often terminated. However your attorney is also correct that most states don't like to terminate a parent's rights unless there is someone willing to adopt the children and take on the legal responsibilities.

 

[Ohiogal]

If you have full/sole custody then you do not need his signature to get passports for your children, or his signature on anything else either.

The restraining order until the children turn 18 is enough to protect them if something happens to you. Just be sure that you have a will in place that nominates someone you trust to be their guardian. A judge will not be bound by that nomination but will definitely take your last wishes into serious consideration.

In a way though, I am a little surprised that his rights were not terminated in this instance. When someone goes to prison for that kind of domestic violence in front of the children, their parental rights are often terminated. However your attorney is also correct that most states don't like to terminate a parent's rights unless there is someone willing to adopt the children and take on the legal responsibilities.

She is wrong again. Full custody is not enough.

 

[Zigner]

She is wrong again. Full custody is not enough.

But, sole custody is - and I think that's what she meant (although she shouldn't have used the word "full"):

https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html

You have sole legal authority

You must submit evidence of this with the application. Examples include: Complete court order granting you sole legal custody of the child, such as a divorce decree or other custody order Complete court order specifically permitting you to apply for your child’s passport (photocopy is acceptable) Certified copy of the child's birth certificate listing you as the only parent Certified copy of an adoption decree listing you as the only parent Certified copy of the judicial declaration of incompetence of the parent that cannot appear in person Certified copy of the death certificate of the parent that cannot appear in person

 

[Ohiogal]

But, sole custody is - and I think that's what she meant (although she shouldn't have used the word "full"):

https://travel.state.gov/content/travel/en/passports/need-passport/under-16.html

You have sole legal authority

You must submit evidence of this with the application. Examples include: Complete court order granting you sole legal custody of the child, such as a divorce decree or other custody order Complete court order specifically permitting you to apply for your child’s passport (photocopy is acceptable) Certified copy of the child's birth certificate listing you as the only parent Certified copy of an adoption decree listing you as the only parent Certified copy of the judicial declaration of incompetence of the parent that cannot appear in person Certified copy of the death certificate of the parent that cannot appear in person

Sole custody is but if the orders say FULL CUSTODY that is not going to work.

 

[Zigner]

Sole custody is but if the orders say FULL CUSTODY that is not going to work.

Yes, I agree.