View Full Version : Terminating rights
piglet1980
May 25, 2008, 05:41 PM
yes hello my name is tara williams and my best friend told me that even though I have
a pfa on my x and he has not seen my son in 6 months in a row and he does not
pay child support I can legally take he rights even though I am not yet married again
is that true and how do I go about doing it?
ScottGem
May 25, 2008, 06:28 PM
What is a pfa?
The laws on terminating rights vary depending on where you live. So we can't tell for sure. But generally, courts are VERY relunctant to terminate a parent's rights. Generally they will do so only to clear the way for an adoption or if the parent represents a danager to the child.
piglet1980
May 26, 2008, 04:48 AM
I live in pa and I have a protection from abuse or and I want to termanate the fathers rights
How do I do it before I get remarried? And is it true that since he has not seen my son
In more than 6 months in a row and does not pay child support I can take them now?
ScottGem
May 26, 2008, 05:02 AM
First, please do not start a new thread for a follow-up. Use the Answer this question, or Quote User options to add a follow-up to the thread. I've merged the threads for you this time.
As I said, in my previous answer, courts are very reluctant to terminate parental rights. While there are legal guidelines to help a judge make a decision in these cases, its not a cause and effect thing. In other words, 6 months of no contact does not automatically result in a TPR. You should find this site:
Termination of parental rights, who may terminate parental rights, voluntary termination, involuntary termination, what is termination of parental rights (http://www.familylawyerservice.com/termination.htm)
Helpful. It does confirm that 6 months of no contact does constitute abandonment, but it also confirms that TPRs are rarely granted.
I have to ask why you are in such a hurry? If the father has effectively abandoned the child that why do you need to formalize it? I gather that you are engaged and plan to marry soon. Does your new husband plan to adopt your child? If so, you will have to go back to court to do the adoption so why go through two expenses, do it all at once when its more likely to be granted.
stinawords
May 26, 2008, 09:00 AM
You have a better chance of going back to court and ask the judge to hold him in contempt for not paying support according to the support order (assuming you went to court to file for support) than you do convincing the judge to terminate his rights.