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View Full Version : Can I fight to deem an unfit, non custodial parent


dessysmommy
Apr 8, 2013, 09:24 PM
I have a 4, almost 5, year old daughter(7/29/08) whom I have full custody of. Her father was granted an hour and a half supervised visit every other Saturday back in 2011, after his release from prison (not jail). He, for the most part, held that schedule of visits for less than a year. He then, disappeared, as usual, for a few months- always with an excuse starting with "I had no ride" or "I didn't have money"... he had lost his license due to 2 (currently 3) DWI's and "cant find a job because of the felony record." I took it upon myself to give him an excuse-free solution and let him stay in one of my spare rooms (for free) so he would have all the time in the world to parent our daughter. Wrong. He stayed for a couple weeks on my tab while I played taxi to and from NA meetings x3 week. Destiny loved it, then he was gone. Back came the excuses. This was this time last year. Since then, he has seen her here and there, for the most, 45min when she would visit his parents. He has acquired another Dwi and drug charge at least I know, been arrested for child Support a hand full of times ($32/week), and most of all- left me to be the bad guy and my little girl confused, again.
I've been dating someone for almost a year and a half who I do plan to marry, when the time is right and who wants to adopt Destiny... problem is he is asking me to let him "start seeing her on Saturdays again." He tried to surrender his rights and the judge said no because they thought it was just for child support. Question: can he be deemed unfit, where he is no longer entitled to reek havvoc on her innocent heart, before I get married and present a motion for adoption?

Thank you for any and all help. I'm draperate to keep him away from her, she doesn't need to be exposed to that.

Fr_Chuck
Apr 9, 2013, 02:45 AM
Without knowing where this is, hard to be exact. But in general you are not going to get him declared unfit, and that still does not take his rights away if you do, just puts him on supervised visits. You need to marry, be married for one year, then get him to sign over rights for adoptoin

dessysmommy
Apr 10, 2013, 06:21 PM
I live in NJ. So in a nutshell, right now, there is nothing I can ask the courts to do to keep him away from her? He already has supervised visitations when he decides its convenient to show...

ScottGem
Apr 10, 2013, 07:43 PM
You can ask the court to take away scheduled visitations. In your case, they may do it. But you aren't going to get them to terminate his rights.