Termination of parental rights

[Becki C.]

state: Tennessee

My sister has a 4 month old daughter with her ex-boyfriend. He has not supported the child from the day of birth and has not seen the child in over one month. He never calls to check on the baby...blah, blah, blah. My sister is single at this time.

My sister wants to terminate his parental rights, but I thought you had to have a step-parent willing to adopt the child in order to do that. Anyone have any knowledge of this?

Thank you for any help you can offer and I apologize if I posted this in the wrong place.

 

[Just Blue]

state: Tennessee

My sister has a 4 month old daughter with her ex-boyfriend. He has not supported the child from the day of birth and has not seen the child in over one month. He never calls to check on the baby...blah, blah, blah. My sister is single at this time.

My sister wants to terminate his parental rights, but I thought you had to have a step-parent willing to adopt the child in order to do that. Anyone have any knowledge of this?

Thank you for any help you can offer and I apologize if I posted this in the wrong place.

Is there a child support/custody/visitation order?

 

[Becki C.]

There are absolutely no court documents/orders whatsoever.

 

[Just Blue]

There are absolutely no court documents/orders whatsoever.

Then the father isn't legally obligated to pay support. If your sister wants support for her child she need to file for Paternity/Child Support.

But even if there was orders in place, there is nothing in your post that would remotely qualify for a TPR.

 

[Accountable]

If there are no court orders, does that mean that paternity has not been established? If there are no court orders for support, but also none establishing paternity and they were never married, then my understanding is that he also has no right to visitation or any form of custody.

 

[racer72]

One parent cannot terminate the parental rights of the other. Your sister needs to see an attorney and have a parenting plan drawn up and implemented. If she cannot afford an attorney, she should see if the state will provide this as a service. My state does it through the Child Protective Services program, there should be something similar in your state. A properly done parenting plan will cover everything including paternity, support and visitation. By not doing anything, she could be in for a rude surprise one day in the future.

 

[casa]

state: Tennessee

My sister has a 4 month old daughter with her ex-boyfriend. He has not supported the child from the day of birth and has not seen the child in over one month. He never calls to check on the baby...blah, blah, blah. My sister is single at this time.

My sister wants to terminate his parental rights, but I thought you had to have a step-parent willing to adopt the child in order to do that. Anyone have any knowledge of this?

Thank you for any help you can offer and I apologize if I posted this in the wrong place.

You say her "X-boyfriend" so since they weren't married, he may not even be the 'legal' father of this child. If your sister wants support, she must file in court to establish Paternity and get Court Ordered Child Support. Same with Custody/Visitation issues.

It's not easy to TPR (Terminate Parental Rights) bc then so many would just out of spite or aviodance of child support,etc. States generally require there not only be a step-parent willing to adopt...but also/and/or a specific period of time in which there was No contact and/or No support. Typically 6 mos or 1 yr...sometimes less/more, depending. Your sister is nowhere near any of those requirements.

She should file for Paternity, Custody & Support. It may encourage Dad to be more involved- and it will certainly help your sister- and even moreso, give the baby a chance to bond with both parents.