I was divorced May 2009, in Mississippi, and now live outside of Dallas, TX. I have 2 small children, which I have primary custody of. My ex lives in Memphis, TN. He has an on going drug/alcohol problem and is currently pending a double felony case. Could I have his parental rights involuntarily taken away? He has not seen or talked to them in over a year in a half now. What state do I pursue this in? My fiancé is wanting to adopt them, once we are married.

You can't take away a parents Parental rights... you can get custody taken away, but parental rights can only be surrendered voluntarily.

If he agrees to an adoption... that would be a surrender of his rights at that point.

First, if both parents have moved from the jurisdiction that issued the original custody order, then you can apply for a change of venue to where the children legally reside.

Second, getting a termination of parental rights (TPR) is very difficult. However, you have two things going for you. One is that his drug/alcohol issues can make him a danger to your children. The other is that you will have a step father ready to adopt. Both those increase your chances of getting a TPR.

The bottom line here is that you will need an attorney to prepare the adoption paperwork. So I would start shopping around now for an attorney. Once you find one, they can advise what you actually have to do to get the adoption approved.

You can't take away a parents Parental rights....you can get custody taken away, but parental rights can only be surrendered voluntarily.

If he agrees to an adoption....that would be a surrender of his rights at that point.

Actually its more the opposite. A parent can't give their rights away. Only a court can issue a TPR. A parent can agree to the TPR making the court action a rubber stamp. Courts will involuntarily issue a TPR but only in rare circumstances.

What if only one parent has? I moved to TX, the divorce was in MS and my ex is now in TN?

Please don't use the Comments for follow-up. Use the Answer options at the bottom.

prinses24 : What if only one parent has? I moved to TX, the divorce was in MS and my ex is now in TN?

Ummm, then both parents have moved. If either parent still lives in the jurisdiction of the original order, that court retains jurisdiction. But you said the order was issued in MS, you live in TX and he lives in TN. Therefore you can file in TX to have the case moved to TX as part of your adoption request.

Again, get an attorney to make sure all the proper forms and motions are made.