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parental right termination?

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sunfall

Junior Member
What is the name of your state? California

I have tried, honest I have, to maintain a positive, working relationship with my ex, for the benefit of our daughter (7). Three times a year, I send her to visit on airplane. As it goes on, the stories she tells get more and more frightening, and I am getting to a point where I do not beleive I should send her there anymore.

First, aside from one garnished check for $50, he has not paid a bit of child support. Soon as they garnished, he quit the job, so that ended that. About as expected.

Second, I divorced him for poly-adultery, emotional abuse, inability to work steadily, and a growing addiction on pain pills. He has been homeless much of the past couple of years, living on the grace of friends. I have had to insist that visitation be carried out at his parent's house, when he has no residence. Incidental concern, one of his GFs (online only) was underage, but they got rather explicit. I have evidence of this.

This latest visit pushed me over the edge. She came home, telling me daddy didn't spend much time with her, too busy chatting with his GFs (he told her he has two) online and on the phone.

She tells me he only fed her twice a day most days, and one day only once. She associated this strongly with his lack of money. Enough, interestingly, to show her a real good time at the fair, and the zoo, and to buy new, expensive stereo equipment.
She tells me that he often yelled at her, and that she is scared when he is angry. Nothing new here. He was a master of verbal intimidation, but not a physical abuser. He was a bit rough once on one visit, as I understand from her, but usually not.

He has just quit his job, and is living with a GF for now, but I can see we are going into another bout of homelessness. The stories I get back from her visits show an astonishing lack of concern for her welfare, from not feeding her, to encouraging her to remove her seatbelt to nap in the car, and other incidents that disturb me.

Please beleive I have tried not to act the part of a vindictive ex-wife. I have never prevented her talking to her dad, have never bad-mouthed him, and aside from asking how the visit went, and polite, follow-up questions, have never pushed her for details of his crimes, his love life, or anything else that is inappropriate. I do not use her for a messenger, do not in any way let on that he is not paying his child support.

I push for these visits. I pay and schedule when it is my turn to pay, and have to push him to schedule when it is his turn to pay. He has also twice missed her flight home, by a large margin, because he thinks he remembers her flight leaving a couple hours later than it does. God forbid that ever happens when he is picking her up.

My girl loves her dad, and is beginning to get sad at how he acts, and treats her. She comes home the nervous child I remember from before the divorce, not the self-assured, lovely child she is normally today. No matter what I do, I feel like I come out the loser here. Let me add that I could go on with his sins, but this should give a sufficient picture of what we deal with.

My questions are two: Do you think I should consider terminating his parental rights? Can I, at this stage? It is not something I wanted to do, but I cannot send her where I know she will be poorly fed, poorly cared for, and belittled. Second, I am writing my will, and intend to express my wishes that my sister and her husband get custody. Should I document my reasons in the will, or as a separate document. From what I understand, courts are not bound by custodial wishes, but my old atty said they would consider them.

The second is because I am absolutely, morally certain that he is not a fit full-time parent. I will continue the visitation if it is still required, but will no longer allow it to extend beyond the minimum, court-granted time limits, as I have in the past.

Please provide any advice you can. My main thought is to contact my social-worker uncle, and get his objective opinion, but I could use some outside balance too. I have until Xmas before the next visit, and would like to resolve this before then.
 


stealth2

Under the Radar Member
I suspect you'll have trouble having his rights terminated, but you may be able to get supervised visitation until he can get his act straightened out...
 
B

Becky0037

Guest
termination of parental rights

I have no advice, wish I did. I live the same problems with my X. I however have teens, and am not so generous when it comes to allowing them knowledge of his faults. I try not to bad mouth him in front of them (and usually succeed), but draw the line at him abusing them and not commenting. It's becoming increasingly more frustrating, enforcing visitation when they don't want to go, knowing the treatment they'll receive while with him.

He's self employed and does not pay his support, even though he garnishes it from his wages, he's constantly behind.

I wish u luck
 

Grace_Adler

Senior Member
Do you have court ordered visitation right now? If not, you don't have to let her go. You can supervise the visits if you want.
Otherwise, I'd try to get it modified to supervised visitation. I think contacting your uncle, who is a social worker, would be a good idea. If you can get one to talk to your daughter, you can use those records for your case, I think.

Here are the statutes at a glance for terminating parental rights.
http://www.calib.com/nccanch/pubs/sag/groundtermin.cfm
 

sunfall

Junior Member
Thanks for the web link. Love your tagline, Grace.

I wish I could supervise, but he lives 1200 miles away. She flies to visit. Because of he can't remember flight times well, I am considering having his parents or sisters handle that part. They are trustworthy people. Have in the past insisted that visitation be conducted at his parents, when he doesn't have a home of his own.

At this point, my plan is this: Talk to my uncle, get his insights, and work out a plan. At a minimum, I will send a certified letter outlining my latest concerns, and, if nothing else, insist that he attend a parenting class and anger management, else I will take him to mediation, and renegotiate a safer visitation arrangement. I'll try and keep you posted, but my school starts next week, and between school, work, and taking care of my daughter, future posts may resemble telegram speech. Stop.
 

Grace_Adler

Senior Member
*LOL* Stop. I know what you mean. Stop. :D

Well that sounds pretty good. Good Luck on everything and you're welcome for the link. Try and keep us updated when you can.

Thanks for the compliment on the Tag Line too. I don't know if many people get it. *LOL* :D
 

sunfall

Junior Member
Quick update:

I just spoke to my uncle. He agrees that my concerns are quite valid, and we have agreed for the time being to work to have visitation adjusted to supervised, hopefully by his parents. I know his folks pretty well, and they are trustworthy, and will follow any injunctions I lay out about contact between the two. If I get my way, visitation will be limited to exactly the court-ordered amount.

In this way, I can assure that she is fed, well-cared for, and AT THE AIRPORT ON TIME, while still allowing her to see for herself who her father is.
 
H

Halcyon

Guest
TN I would think that visiting her grandparents may be more appropriate and nurturing for your daughter than visiting her deadbeat father. It is a shame that he isn't more responsible and that it seems as if her welfare is jeopardized during these visits. If he isn't paying child support, I don't see that he has any right to visitation - especially when YOU have to foot the bill. You are being generous, indeed. You haven't mentioned what sort of relationship your child has with her paternal grandparents.
 
You said "and have to push him to schedule when it is his turn to pay."

Stop doing this. It is not your job. If he wants it, he will arrange it. If not, you are thrusting your daughter into the care of a person who is simply not interested. Yes, it sucks, but he doesn't want her bad enough to do his part.
 
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Becky0037

Guest
Sorry to say I've been in this situation, I planned the time, made the visitation connection travel wise, and gave my kids cash to spend while they were with him. Only to find out that his monies were being spent on drinking and other illegal things. I came to the conclusion that I was putting my kids in jeopardy, he pretty much stayed drunk while they were there, and all I was doing was paying for his meals for the weekend. Not worth it, now Im sure to tell them they'll some day want the relationship, as will he, but I don't enforce anyone going. Totally up to them. I'd encourage the relationship with the grandparents, and if dad wants one, he'll have to strive for it on his own.

Good luck to u
 

sunfall

Junior Member
I'll try to answer to all those postings, all pretty helpful.

She has a great relationship with her grandparents; in fact, so do I. I have invited them to visit any time, minus their son, of course.

I don't pay all the visits; though my ex tries to con me into it. We are each supposed to pay half, and this only works if we take turns. He tries to con me each of his turns (I can't find the good deals. You buy them, I'll pay you back come payday), and stuff like that. Last time, I talked down to him like I was a third-grade teacher giving the "You're not working up to your potential" speech. Two hours later, tickets bought, problems solved.

Trouble is, my girl loves her father to pieces, faults and all. I have always maintained I should do nothing to ruin their relationship; he is quite capable of doing that on his own. So I permit and some ways pursue it on her behalf, until such time as she decides she doesn't want it anymore. She's rather outspoken (okay, not out-spoken by anyone I've ever met...kid can TALK), and will tell me when she's had it with him. Another four years, I suspect.

I do this also from experience. It is exactly how mom treated us. My dad was not a deadbeat, but self-centered some ways, and in the end, all of us were solidly in mom's corner.

Wish me luck. I start school in a week, and working all this out while in school and working should be an interesting challenge.
 
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Becky0037

Guest
I certainly do wish u all the luck in the world. My kids, like u and and your siblings, see their dad, but know he's not living up to his "potential". I don't (or try not to) bad mouth him, but they're old enough to know why they go without, dad doesn't pay. The why "he doesn't pay" is up to their interpratation. I remind them that he loves them and that "his problems" get in the way. It's the best I can do, and sometimes more than I wanna do on his behalf. I hope you and and your daughter find peace with him, working on behalf of the child is always the most difficult when the pain keeps resurfacing, thanks to their unchanged attitudes.
 

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