stripping parental rights

[orthoclase]

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

I have been divorced for about 9 years. My ex-husband had supervised visitation to start with and I had physical custody. He was convicted of felony domestic battery on his pregnant girlfriend about 6 years ago, around the same time I was starting back to college. He hadn't seen his children for about two years at that time. The university that I wanted to attend was in the same state but about 300 miles from where we had lived. I went back to court to get permission to move and my lawyer suggested that I try to get legal custody. I did get legal custody and permission to move.

My ex-husband is still in prison and I'm getting ready for graduate school. My plan is to move out of state. My ex-husband wrote to the children when we first moved but he hasn't written to them in over three years nor has he called. He has never paid any child support, either. His sentence isn't over until 2014.

I don't want to keep the children away from their father, but I do want to control any interactions between him and them. Do I need to return to court to get permission to leave the state? And if I do, should I strip his parental rights? And if I do strip his parental rights, would I still have to have permission to move again? The children are 14, 12, and 10.

 

[LdiJ]

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

I have been divorced for about 9 years. My ex-husband had supervised visitation to start with and I had physical custody. He was convicted of felony domestic battery on his pregnant girlfriend about 6 years ago, around the same time I was starting back to college. He hadn't seen his children for about two years at that time. The university that I wanted to attend was in the same state but about 300 miles from where we had lived. I went back to court to get permission to move and my lawyer suggested that I try to get legal custody. I did get legal custody and permission to move.

My ex-husband is still in prison and I'm getting ready for graduate school. My plan is to move out of state. My ex-husband wrote to the children when we first moved but he hasn't written to them in over three years nor has he called. He has never paid any child support, either. His sentence isn't over until 2014.

I don't want to keep the children away from their father, but I do want to control any interactions between him and them. Do I need to return to court to get permission to leave the state? And if I do, should I strip his parental rights? And if I do strip his parental rights, would I still have to have permission to move again? The children are 14, 12, and 10.

You don't need anyone's permission to move out of state at this point. You have sole custody and dad is in prison.

By the time dad gets out of prison your oldest will be in total control of what happens in his/her life, and the other two will be 16-17, and 14-15. Do what you need to do and don't worry about dad at this point.

Even once he is released its not very likely that the courts will do much of anything regarding the children, against the will of the children because of the age they will be...and the nature of dad's crimes. To get that long of a sentence dad's crimes against his girlfriend must have be really severe.

Just do what you need to do for yourself and your children.

 

[Ohiogal]

You don't need anyone's permission to move out of state at this point. You have sole custody and dad is in prison.

By the time dad gets out of prison your oldest will be in total control of what happens in his/her life, and the other two will be 16-17, and 14-15. Do what you need to do and don't worry about dad at this point.

Even once he is released its not very likely that the courts will do much of anything regarding the children, against the will of the children because of the age they will be...and the nature of dad's crimes. To get that long of a sentence dad's crimes against his girlfriend must have be really severe.

Just do what you need to do for yourself and your children.

CAREFUL. She may have to inform the court and dad of her address. Permission, no. But she still may have notification requirements.

 

[ecmst12]

You can't just strip his parental rights, but as pointed out, you don't really have any need to do so either.

 

[orthoclase]

Thanks for the replies. To clarify: he was incarcerated after I received legal custody and permission to move (about two months afterwards, if I remember correctly), thus in the paperwork he has visitation rights every other weekend (supervised), but he must come to us. He never exercised them. So, I assume that I do have a notification requirement.

His sentence is 10 years long and I was told that it was a felony because of how far along his girlfriend's pregnancy was, but I don't know that for sure.

As far as stripping parental rights, I was trying to find a way were I wouldn't have to go to court anytime I need to move. It is a rather financially difficult way of dealing with the situation. As far as I can tell from the research I've done, I have grounds, but I would prefer not to go there.

 

[LdiJ]

Thanks for the replies. To clarify: he was incarcerated after I received legal custody and permission to move (about two months afterwards, if I remember correctly), thus in the paperwork he has visitation rights every other weekend (supervised), but he must come to us. He never exercised them. So, I assume that I do have a notification requirement.

His sentence is 10 years long and I was told that it was a felony because of how far along his girlfriend's pregnancy was, but I don't know that for sure.

As far as stripping parental rights, I was trying to find a way were I wouldn't have to go to court anytime I need to move. It is a rather financially difficult way of dealing with the situation. As far as I can tell from the research I've done, I have grounds, but I would prefer not to go there.

As has already been said, the most you need to do is notify dad and the courts. Contact a local attorney for a quick consult to see what kind of notifications you are required to make. However, you definitely need no one's permission. You are the only parent available for custody.

 

[orthoclase]

Thanks so much for the help. You guys definitely relieved my worries about the situation. I am less nervous about contacting a lawyer now that I know all this.

Thanks again!!

 

[professordad]

Even if you have sole custody, I do not believe you can move out of state without it being specifically in the Order. Also, what kind of woman would want to strip their child's father of his parental rights? Even if he is in prison, they are still his children. And yes, if he hasn't paid child support for more than six months, you actually can have his parental rights revoked. But again, what kind of message are you sending to your children??????????

 

[gr8rn]

UMMMM... the message....perhaps something like don't worry kids, I will keep you safe and have a good job so I don't need to worry about your FELON father who beat up his very pregnant girlfriend??

 

[Banned_Princess]

Even if you have sole custody, I do not believe you can move out of state without it being specifically in the Order. Also, what kind of woman would want to strip their child's father of his parental rights? Even if he is in prison, they are still his children. And yes, if he hasn't paid child support for more than six months, you actually can have his parental rights revoked. But again, what kind of message are you sending to your children??????????

I'm sorry, but this is way off.

and I agree, she should make sure with a lawyer about the notification, but she is doing the right thing.

 

[Proserpina]

Even if you have sole custody, I do not believe you can move out of state without it being specifically in the Order. Also, what kind of woman would want to strip their child's father of his parental rights? Even if he is in prison, they are still his children. And yes, if he hasn't paid child support for more than six months, you actually can have his parental rights revoked. But again, what kind of message are you sending to your children??????????

You're actually serious, aren't you?

That scares me. Really scares me.

 

[CJane]

Even if you have sole custody, I do not believe you can move out of state without it being specifically in the Order.

Please post applicable statutes for OP's state to back up this assertion.

And yes, if he hasn't paid child support for more than six months, you actually can have his parental rights revoked.

Please post applicable statutes for OP's state to back up this assertion.

 

[Proserpina]

Please post applicable statutes for OP's state to back up this assertion.



Please post applicable statutes for OP's state to back up this assertion.

Aw c'mon, you know he's not going to do that...

 

[CJane]

Aw c'mon, you know he's not going to do that...

But... I'm his SWEETIE! He SAID so!

 

[Proserpina]

But... I'm his SWEETIE! He SAID so!

*pats your head* Honey, sometimes boys lie ...