Parental Rights

[tstevans]

What is the name of your state? PA
i am seeking any input on termination of parental rights.
I have full custody of my 6 yr old son, his father has not been a part of his life in over 3 yrs. He was recently released from prison after serving 2 years for domestic violence and assualt. During this it came out that he had served 5 years previously for voluntary manslaughter. Before going into prison he was fighting me for shared custody, i had agreed to supervised visitation through the courts which he refused because he did not want to pay for them, the judge would not allow anything else because it had been over a year since he had had contact with our son and a relationship needed to be established in the eyes of the court. i am concerned he is going to try something again, do i have any way of asking the court to revoke his rights ?

 

[nicetryadmin]

What is the name of your state? PA
i am seeking any input on termination of parental rights.
I have full custody of my 6 yr old son, his father has not been a part of his life in over 3 yrs. He was recently released from prison after serving 2 years for domestic violence and assualt. During this it came out that he had served 5 years previously for voluntary manslaughter. Before going into prison he was fighting me for shared custody, i had agreed to supervised visitation through the courts which he refused because he did not want to pay for them, the judge would not allow anything else because it had been over a year since he had had contact with our son and a relationship needed to be established in the eyes of the court. i am concerned he is going to try something again, do i have any way of asking the court to revoke his rights ?

Even though he has the charges on his record that he does, you would still have an extremely difficult time revoking his rights. Especially if none of the crimes dealt with children. And given by the language in your post, you have not mentioned anything about him being a danger to the child or anything else like that.

Have you remarried and have a new spouse who might be interested in stepparent adoption?

The only thing you can do is continue with supervised visitation. At this time, it seems the court is in agreement with that. You also need to keep in mind he has every legal right to file for joint custody. He's not "trying" anything. But because of his record, he has a steeper hill to climb than most. It's up to him to prove to the court he is a changing man.

 

[Halls]

Talk to a lawyer!

 

[tstevans]

Even though he has the charges on his record that he does, you would still have an extremely difficult time revoking his rights. Especially if none of the crimes dealt with children. And given by the language in your post, you have not mentioned anything about him being a danger to the child or anything else like that.

Have you remarried and have a new spouse who might be interested in stepparent adoption?

The only thing you can do is continue with supervised visitation. At this time, it seems the court is in agreement with that. You also need to keep in mind he has every legal right to file for joint custody. He's not "trying" anything. But because of his record, he has a steeper hill to climb than most. It's up to him to prove to the court he is a changing man.

He has never physicaly harmed my child, but there where occasions where he would hit me when holding my son.

I am currently engaged planning a wedding at the moment, does someone have to adopt the child to have rights revoked? We don't do visitation because he refuses to pay for them, therefor it has been over 3 years from last contact with my son. No b-day or holiday cards, nothing....

 

[Silverplum]

He has never physicaly harmed my child, but there where occasions where he would hit me when holding my son.

Documented? Police reports? How long ago?

I am currently engaged planning a wedding at the moment, does someone have to adopt the child to have rights revoked? We don't do visitation because he refuses to pay for them, therefor it has been over 3 years from last contact with my son. No b-day or holiday cards, nothing....

In most states (don't know about yours) you'd have to be married for at least a year to consider termination and adoption. And Dad would have to agree to it.

Does Dad pay CS?

 

[tstevans]

Documented? Police reports? How long ago?



In most states (don't know about yours) you'd have to be married for at least a year to consider termination and adoption. And Dad would have to agree to it.

Does Dad pay CS?

Numerous police reports and documentations, 4 years ago which led up to his last prison sentencing. 2 ICC charges for PFA violations and assualt charges.

He is supposed to but has not paid a dime willing since court order, i have received 2 payments, one was so he could get out on a contempt charges and the other was seized assests.

I was informed from womens legal adv that in PA if there is no attempt of contact for a 6 month period or longer from the parent i could petiton the courts but doesn't mean they will unless it is a benefit to my child. Does this sound like it could be correct?

 

[Silverplum]

Numerous police reports and documentations, 4 years ago which led up to his last prison sentencing. 2 ICC charges for PFA violations and assualt charges.

He is supposed to but has not paid a dime willing since court order, i have received 2 payments, one was so he could get out on a contempt charges and the other was seized assests.

I was informed from womens legal adv that in PA if there is no attempt of contact for a 6 month period or longer from the parent i could petiton the courts but doesn't mean they will unless it is a benefit to my child. Does this sound like it could be correct?

It sounds like you have excellent documentation and protection from the judge in your case (the supervised visitation requirement).

I don't know PA law, nor am I a lawyer. But in many states, failure to pay support or make any sort of contact w/the child for a period of time (varies among states) can be grounds for TPR. Try googling it.

Most importantly, get an attorney for this. You can't really do it yourself.

 

[tstevans]

It sounds like you have excellent documentation and protection from the judge in your case (the supervised visitation requirement).

I don't know PA law, nor am I a lawyer. But in many states, failure to pay support or make any sort of contact w/the child for a period of time (varies among states) can be grounds for TPR. Try googling it.

Most importantly, get an attorney for this. You can't really do it yourself.

Thank you for the advice, it is really appreciated...

 

[Silverplum]

Thank you for the advice, it is really appreciated...

You're very welcome!