If my husband has only seen our 19 month old son 3 times since birth how can I file charges to get his rights terminated?

Please review this sticky first:

https://www.askmehelpdesk.com/family-law/child-abandonment-read-first-364259.html

It should answer your questions. If you have any further questions please ask.

Mr. Scott quick question. I'm not after child support. My husband and I have been separated since 2010 and a baby born in 2011. He has seen him maybe 3 times since birth just in passing, has never supported him and says that he will deal with him when a judge orders it. He has refused divorce papers 3 times and took my daughter for the weekend last year and never returned her even though he lets me see her whenever I want. How do I get his parental rights taken from him concerning my son?

Please review this sticky first:

https://www.askmehelpdesk.com/family-law/child-abandonment-read-first-364259.html

It should answer your questions. If
you have any further questions please ask.


It doesn't answer any ?s. I don't want cs or anything from him but he refuses to sign papers or acknowledge my son

Sure it answered your questions if you had read it carefully. It tells you that you can't file for abandonment. And it asks you to explain your ultimate goal.

There are other stickies in this forum that explain that it is unlikely that you can terminate his rights.

To help you further we need more info. First we need to know your general local as laws vary by area. Second, You say he currently lives with him, but he lets you visit whenever you want. That implies he doesn't let you take the child just visit. Is that correct?

If he refuses to sign divorce papers then ask the court for a default judgment on custody. At this point, absent a court order he has equal rights to him. You say he will deal with it when a court orders him to, so why haven't you asked a court for those orders.

Again, you are not going to get a court to terminate his rights. At best you will be able to limit visitation. But the bottom line is you need to push the court to issue custody orders.

I'm in ga. The son lives with ME. My 6 yr old DAUGHTER lives with him and I get her on the weekends, summers, and school holidays. He refuses to see my son. Right now I can't afford a lawyer and I was told by a mutual friend that I could post it in local paper but before I do that I was advised to get my daughter back under my roof. I can't just NOT take her back to her dads because we live in different school zones so I'm stuck.

OK, So your daughter lives with him. Is this by court order?

As for posting in a local paper your friend doesn't know what they are talking about. Posting in a local paper is an alternative way of service when you don't know where the other party is. That is not the case here. However, if a court has issued divorce papers and he refuses to sign, then you ask the court to issue a default judgment like I said. Tell them he refuses to sign, even though you have given him the papers several times.

Do the papers address custody of the two children? In what way?

Also, his refusal to see your son is immaterial. You can't force him to be a father only to financially support his children.

OK, So your daughter lives with him. Is this by court order?

As for posting in a local paper your friend doesn't know what they are talking about. Posting in a local paper is an alternative way of service when you don't know where the other party is. That is not the case here. However, if a court has issued divorce papers and he refuses to sign, then you ask the court to issue a default judgment like I said. Tell them he refuses to sign, even though you have given him the papers several times.

Do the papers address custody of the two children? In what way?

Also, his refusal to see your son is immaterial. You can't force him to be a father only to financially support his children.



No it's not by court order that she lives with him. The law was called out to my house because he wouldn't leave and the cop said that they can't force him to give her back without a judge signed court order and even then it's a civil matter so it has to go to court. The cop also said that I have the choice of not taking her home on Sundays but beware that when she goes back to school on Monday's he could pick her up and run. Husband has threatened that if I choose not to bring her to him on Sundays I will never see her again when he gets her back. I don't want anything from him just my freedom and my kids without the fear of him taking off like he threatens simply because he hid her for 3 months when we separated in 2008.

OK, The police were correct. Absent any court orders to the contrary he has equal rights to her.

So the next question is, you say you have divorce papers issued by a court. What do those papers say about custody? Did you bring it to the courts attention that he hid her previously? That he took her for a visit that you allowed and didn't return her?

But the bottom line here is what the court says. If the divorce papers he refuses to sign award you primary custody, then you press the court to issue a default judgment. If the court issues a judgment awarding you primary custody, then one, you pick her up from school, the day after the court issues the order. You enroll her in a school near you I'm assuming you live in different school districts). You show the court that you have primary custody and they are not to release her to anyone you don't designate.

He's going to come to your house with the police. You show the cops that you have a court order for primary custody and they will send him away.

You ask the court to give him supervised visitation only, since he has a history and has made threats about your not seeing the child.

But you will not get his rights terminated so forget that idea.