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View Full Version : Process in which to get abusive bio father to sign away rights


CrysMarie
Aug 27, 2008, 09:15 AM
My ex husband is literally a psycho. I'm not just saying that because he's my ex. I'm being truthful. I'm usually all for bio fathers being in their children's lives, but in my case, I believe my ex is too dangerous and too bad an influence to have anything to do with my son.

I left my ex before my son was born and the divorce shortly followed. In the divorce papers, it states that I have sole custody and he only is allowed supervised visitations at my descretion. I tried to give him a chance, but he failed and has been incarcerated for 3 years on 2 different cases and has 3 more pending charges.

My son has a great "dad" that I have been with for some time now and you couldn't tell that my son isn't really his. We don't have plans to get married at this time.

My question being what process would I go through to get my ex to sign his rights completely away if he will agree to it? This way if anything ever was to happen to me, there would be no way at all that my ex would be able to have my son. I fear for my son's life if he was to be around my ex.

Thanks for yhour time.

Worries2Much
Aug 27, 2008, 09:26 AM
While this depends on your state laws for where you live, there are several posts on this issue if you choose to search the forum for this topic.

Generally, two things are possible. A court can say that the father is not fit to be a father once psychological examinations are completed or if you have proof that he is a danger to your son.

The father can voluntarily give up his rights, however courts will often not do this unless there is an adoptive parent who would like to take over the role of parent. Courts maintain that raising a child takes two incomes and since "giving up parental rights" also means giving up financial responsibility in from a court's point of view, they will often not grant 100% responsibility to one parent (unless of course in the case of proven abuse or psychotic behavior).

I urge you to read the other posts on this subject!

excon
Aug 27, 2008, 09:30 AM
Hello C:

You want "half" a loaf, and you can't have it. The only way the courts will terminate his rights is if there's an adoption in the wings. A boyfriend can't adopt. A husband can.

That's the nuts and bolts of it.

excon

ScottGem
Aug 27, 2008, 10:29 AM
Given a criminal record and the posibility of a psychological evaluation that may state he's a danger to the child, you might get a TPR that way. I would consult with an attorney on the possibilities and what would have to be done.