So hopefully ( well not hopefully but you know) someone has been in this position! Ive been trying to talk to a lawyer about this but we keep playing phone tag and I need answers. I live in New York and my ex husband, my sons father, lives in Texas. Back in December ( last year) he took my son for a visit that was suppose to be only 3 weeks long. I didn't see my son until almost 3 months later. After he filed for full custody, and put a restraining order on me we got into a dirty custody battle. In the end I have custody and he has "resonable" visitation. Now my lawyer states I don't have to let him take him out of state, but he yells and harasses and threatens me. So now I feel like I have to. But I don't trust him to bring him back or take care of him correctly. My son is only 3 years old and his father was never an active part of his life, I was always his primary caregiver. When he left in December he was potty trained, sleeping in his own bed through the night. When I got him back he was back in diapers and was waking up crying 2-3 times a night. His father fell asleep watching him when he was 3 months old and I came home and found my son hanging by his ankle out of his swing crying while his father was sleeping. His father has anger issues that were documented. He also makes no attempt to come see him here, he only wants to take him to Texas. It also took me nearly a year to get child support from him and the only reason I get paid that is because the state takes it. Needless to say I don't feel he is fit to be a parent to him. I feel based on this, it is in my sons best interest, for his emotional stability, safety and security to stay with me permanently. He doesn't even know who his father is and why should I send my baby with a man who he doesn't even know? I don't feel that is fair to my little boy. So my question is, based on this information ( and several others I didn't list, nothing like drugs, he is an alcoholic, and no filed abuse charges) if I presented this to the court and requested a termination of his parental rights based on the best interest of the child would I have a leg to stand on? Or would the judge simply laugh at me and tell me to get out.

So hopefully ( well not hopefully but ya know) someone has been in this position! Ive been trying to talk to a lawyer about this but we keep playing phone tag and I need answers. I live in New York and my ex husband, my sons father, lives in Texas. Back in December ( last year) he took my son for a visit that was suppose to be only 3 weeks long. I didnt see my son until almost 3 months later. After he filed for full custody, and put a restraining order on me we got into a dirty custody battle. In the end I have custody and he has "resonable" visitation. Now my lawyer states I dont have to let him take him out of state, but he yells and harasses and threatens me. So now I feel like I have to. But I dont trust him to bring him back or take care of him correctly. My son is only 3 years old and his father was never an active part of his life, I was always his primary caregiver. When he left in december he was potty trained, sleeping in his own bed through the night. When I got him back he was back in diapers and was waking up crying 2-3 times a night. His father fell asleep watching him when he was 3 months old and I came home and found my son hanging by his ankle out of his swing crying while his father was sleeping. His father has anger issues that were documented. He also makes no attempt to come see him here, he only wants to take him to texas. It also took me nearly a year to get child support from him and the only reason I get paid that is because the state takes it. Needless to say I dont feel he is fit to be a parent to him. I feel based on this, it is in my sons best interest, for his emotional stability, safety and security to stay with me permanently. He doesnt even know who his father is and why should I send my baby with a man who he doesnt even know? I dont feel that is fair to my little boy. So my question is, based on this information ( and several others I didnt list, nothing like drugs, he is an alcoholic, and no filed abuse charges) if I presented this to the court and requested a termination of his parental rights based on the best interest of the child would I have a leg to stand on? or would the judge simply laugh at me and tell me to get out.

There is a sticky at the top of the Family Law forum regarding termination of parental rights, which you can read here:
https://www.askmehelpdesk.com/family-law/signing-over-rights-read-first-116098.html

If it's true that his alcoholism and other issues have been documented, you should file for supervised visitation for him so that he is not left alone with the child.