[pocohantas]

I wish to file for custody of my three children. The father and I have never been married. He has lived in the U.S since he was 13 on a visa. When we separated he moved to Canada. It has now been four years, and he is facing deportation to his original country. It has been four years since he last saw the kids and two years since he last sent any financial support. Can I have his rights terminated and gain sole custody of my children. I have provided all support for my children and that reside with me year round. What can I do? Or how do I do it?

[ScottGem]

You probably will not be able to terminate his rights, but you should have no problem getting full custody.

Since he isn't exercising his rights it is unlikely a court will terminate them. There are sticky notes at the top of this forum that discuss these issues further.

[Fr_Chuck]

You may try and if he does not show up or send any paper work to fight it, the court may, but seldom do the court end his rights for just not visiting or paying support.

It is a reason to file for a change in custody, So you should get sole custody both legal and physical. And perhaps end any current visitation order in place. But he is not using those visits anyway.