PDA

View Full Version : Parental Rights Revocation.complicated.


JMRhinehart
Feb 16, 2009, 03:55 PM
Ok-

I'll start by saying that this is a complicated situation... but here goes.
My ex-husband and the father to my first daughter has never paid a cent in child support. I have, many times, paid money to him to allow him the opportunity to spend time with her on weekends. Money for things like... food.
At this moment in time he has fled the state due to two warrants for his arrest. The first a bad check, and the second for Contempt of Court. (Child Support)
I've never pursued child support, the courts filed an agreement during the divorce, and then after the amount reached $12,000.
I want to have his parental rights removed. He may never return, and with a current medical complication on my behalf, I am drawing up my will. I have learned that he will be the first choice if something were to happen to me. And thanks to the great state of Florida, the next would be his parents, (NOT GOOD! )
I am due to come into a great deal of money, in which I am also drawing up papers for, but I would like to have an arsenal of information going into this.

Any assistance would be very greatly appreciated.

Thanks!

ScottGem
Feb 16, 2009, 04:02 PM
This isn't very complicated, but it is a close one. Generally, TPRs are very hard to get. They are usually granted only to clear the way for an adoption or if the parent represents a danger to the child.

And that's where your chance comes in. Someone eho flees the state to avoid prosecution for criminal activity, may be considered a danger.

So I would consult a Family Law attorney. The attorney will tell you what your chances are of getting a TPR. He will advise you what proofs and documentation you need to assemble to take your case to court.

JMRhinehart
Feb 16, 2009, 06:44 PM
Thank you so much for your assistance!

I have another question about this. I am about to (unfortunately) have to draw up a will for myself. I am unsure about what will happen to my little girl should anything happen to me. I have another little girl on the way with my significant other, and want to have the kids be together.

My ex has been convicted of several felonies, and as mentioned, has currently fled the state. I've also read that in Florida, there is a grandparents law that might allow his parents to get custody if something were to happen to me and he were not to be found.

So... I guess my question is attempting to have his rights taken away based on the fact that he is unfit and my significant other adopting her the only way to ensure that she does not end up with a family that will not have her best interests in mind.

Thanks again for all your help!

ScottGem
Feb 16, 2009, 06:55 PM
My best advice, marry your significant other and have him adopt your first child.

Fr_Chuck
Feb 16, 2009, 07:06 PM
Yes, best bet, get married, Fla I do believe allows rights to be taken away if that person has served extensive time in prison ( no exact time) and being on the run from the law may be grounds also.

It may also be possible as part of the adoption process that child support arrears be forgotten ( except for that part owed the state for any welfare recieved)

But until the child is adopted, even if the ex's rights were taken away, his parents rights would not be taken away. So after your parents, they would have a chance.