• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Termination of Paternal Rights

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Fairy4

Member
What is the name of your state? VA

NOTE: I am typing this for my husband (he sucks at typing)

My husband had two children in a previous relationship (never married). When the two of them spilt up, they drew up a custody/child support/visitation between the two of them, had it notorized and sent it to the court. In August of 2001 his son (oldest child) was killed in a freak accident.

His ex (mother of the kids) and him split up for good during the "grieving period". In the time period surrounding all of this, the ex was making it difficult for him to see the younger child (she was 1yr old). He would pay her cash for CS, but she refused to give him a receipt, she wouldn't let him see the child, etc.

Unfortunately, he never took her to court because he felt that it would be "too much" for the both of them considering the tragic death of their son (his BIG mistake).

So needless to say hasn't paid CS, and she hasn't let him see the child for about 3 1/2 years now!

Recently, she called wanting him to sign over his rights to her husband. He's unsure what to do at this point. He carries medical insurance on her, but doesn't pay CS. The poor little girl doesn't know who her "bio" dad is! The mother tells her that her husband is her Daddy (and in the real definition he is). My husband went over there over a year ago, and the mother told the child "he's just a friend"...my husband didn't say different. The mother even uses her married name for the child (my husband did sign paternity papers & birth certificate).

My husband is unsure on what to do at this point. He doesn't want to interrupt his daughter's life, but he really would like to start seeing her (he knows it would be supervised), pay CS, etc. I guess he's learned the error of his ways (a little late). His ex still says no-way....EVER; she just wants him to sign over his rights.

His question is, can his ex take him to court to terminate his rights (I think she can, since he's been absent for almost 4 years!!) or does he have to agree to it? I've told him he's got to give all or nothing to this little girl!

Give him your honest response (no matter how brutal! :D )
 


Fairy4

Member
No, the court never issued orders. My husband claims that their agreement was just filed with the court.
 

casa

Senior Member
Fairy4 said:
No, the court never issued orders. My husband claims that their agreement was just filed with the court.
...and what did the agreement say? (specifically).

Did you check VA family law statutes re; Termination of Parental Rights, to see if the situation fit?
 

Fairy4

Member
The agreement stated: "mother to have physical custody, father to receive libral vistation, and pay $200 per month in child support" That was all.
 

LdiJ

Senior Member
Fairy4 said:
What is the name of your state? VA

NOTE: I am typing this for my husband (he sucks at typing)

My husband had two children in a previous relationship (never married). When the two of them spilt up, they drew up a custody/child support/visitation between the two of them, had it notorized and sent it to the court. In August of 2001 his son (oldest child) was killed in a freak accident.

His ex (mother of the kids) and him split up for good during the "grieving period". In the time period surrounding all of this, the ex was making it difficult for him to see the younger child (she was 1yr old). He would pay her cash for CS, but she refused to give him a receipt, she wouldn't let him see the child, etc.

Unfortunately, he never took her to court because he felt that it would be "too much" for the both of them considering the tragic death of their son (his BIG mistake).

So needless to say hasn't paid CS, and she hasn't let him see the child for about 3 1/2 years now!

Recently, she called wanting him to sign over his rights to her husband. He's unsure what to do at this point. He carries medical insurance on her, but doesn't pay CS. The poor little girl doesn't know who her "bio" dad is! The mother tells her that her husband is her Daddy (and in the real definition he is). My husband went over there over a year ago, and the mother told the child "he's just a friend"...my husband didn't say different. The mother even uses her married name for the child (my husband did sign paternity papers & birth certificate).

My husband is unsure on what to do at this point. He doesn't want to interrupt his daughter's life, but he really would like to start seeing her (he knows it would be supervised), pay CS, etc. I guess he's learned the error of his ways (a little late). His ex still says no-way....EVER; she just wants him to sign over his rights.

His question is, can his ex take him to court to terminate his rights (I think she can, since he's been absent for almost 4 years!!) or does he have to agree to it? I've told him he's got to give all or nothing to this little girl!

Give him your honest response (no matter how brutal! :D )
As far as I know, every state has some provision for terminating parental rights based on abandonment. However, the definition of abandonment varies somewhat from state to state. In general, its no contact of any kind and no child support paid for a specific period of time.

Therefore, it may be possible for his parental rights to be terminated against his will. If he wants to eliminate that possibility he probably needs to be consulting with an attorney immediately.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top