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XoAmberMarieXo · Oct 14, 2009, 09:40 AM

My son's father as not seen him since August 2008, and before that time it was April 2005, I am just trying to figure out NYS guide lines, on what grounds I can get his parental rights terminated?

Fr_Chuck · Oct 14, 2009, 09:42 AM

If he will sign them over after you are remarried and the new step father wants to adopt.

Please read the stickies on the legal section, in the US you can not just talke away the fathers rights.

In some areas long term prison sentence or child abuse or registered sex offender may lose their rights.

Synnen · Oct 14, 2009, 09:42 AM

On the grounds that he abuses your son, OR the grounds that your new husband wants to adopt your son--though it would still take getting the biological father's permission for the second one.

You don't get to just ditch the guy you had sex with to create your child simply because he's not acting the way YOU want him to act.

Unless he's a threat to your child, you're stuck.

You DO have a court order giving you full legal custody, right? And another order for child support, right?

XoAmberMarieXo · Oct 14, 2009, 10:44 AM

I have both. But his support is set to $0.00 He has abused me in the past and my son has witnessed it. He's going threw a lot of therapy and counseling now. Hes been diagnose w/ Post Traumatic Stress Disorder because of what he's seen is father do. He is a threat to him. He also was incarcerated for 3 years in state prison but is now out. And has been. But still doesn't want to see his child.

stevetcg · Oct 14, 2009, 12:17 PM

Originally Posted by XoAmberMarieXo

I have both. but his support is set to $0.00 He has abused me in the past and my son has witnessed it. hes going threw a lot of therapy and counseling now. Hes been diagnose w/ Post Traumatic Stress Disorder b/c of what hes seen is father do. He is a threat to him. He also was incarcerated for 3 years in state prison but is now out. and has been. But still doesn't want to see his child.

If he doesn't want to see his child, having his rights terminated will get you absolutely no where that you aren't already.

ANB428 · Oct 14, 2009, 02:12 PM

I know that it isn't fair, but the people who have already posted are correct. My daughter's father hasn't seen my daughter since June 2005, the day I left him when she was 2 months old. I have never received anything from him and I can't get his rights revoked. I can't get my daughter a passport or change her last name or anything unless he signs for it. It sucks because he is a dead beat and doesn't care and wants to sign over his rights, but he still has laws to protect his rights, which is bs in my opinion. It isn't fair. I know that the laws are there for the women and men who try to keep their children from the other parent, but if a parent has no interest in the child's life and hasn't for a period should have no rights or shouldn't be able to make any decisions regarding the child. They haven't been the one raising that child. It is aggravating, but it is the law.

XoAmberMarieXo · Oct 14, 2009, 04:30 PM

I thought the family court laws are different in states?

Fr_Chuck · Oct 14, 2009, 04:54 PM

They are different, but none allows for termination just for not seeing the child, some have it written into the laws, others merely don't accept that reason.

Basically even as a threat, he may still be allowed supervised visits.

Your main goal, is to get full physcial and legal custody, and for him not to have any visits set, if he does not fight it, that should pass though the court, he still has the right to go back to court latter but you fight that them

ScottGem · Oct 14, 2009, 05:21 PM

Originally Posted by XoAmberMarieXo

I thought the family court laws are different in states?

I have to ask. Didn't you see a bunch of READ FIRST notes at the top of this forum? Specifically this one:

Sticky: Signing Over rights-** READ FIRST **

Why did you not read it first?

XoAmberMarieXo · Oct 15, 2009, 09:54 AM

Originally Posted by ScottGem

I have to ask. Didn't you see a bunch of READ FIRST notes at the top of this forum? Specifically this one:

Sticky: Signing Over rights-** READ FIRST **

Why did you not read it first?

Maybe B/c IM new to this site thank you!

XoAmberMarieXo · Oct 15, 2009, 09:58 AM

Originally Posted by Fr_Chuck

They are different, but none allows for termination just for not seeing the child, some have it written into the laws, others merely don't accept that reason.

Basicly even as a threat, he may still be allowed supervised visits.

Your main goal, is to get full physcial and legal custody, and for him not to have any visits set, if he does not fight it, that should pass though the court, he still has the right to go back to court latter but you fight that them

I've got full custody and physical placement. Im thinking maybe if I take him to court for child support and let that rack up. Then maybe tell him that if he signs off rights I would drop the childsupport! He does have 4 other children w/ other women and he don't pay the supports he's suppose to on them so really I don't know! Thanks for your help!

stinawords · Oct 15, 2009, 10:06 AM

Are you remarried to a man that want's to adopt? If so then yes, that might work but if not then it won't because he can't sign off his rights any more than you can have them terminated.

ScottGem · Oct 15, 2009, 12:36 PM

Originally Posted by XoAmberMarieXo

Maybe B/c IM new to this site thank you!!

And why would that matter? If you see something that says READ FIRST, don't you think it might contain information that will help you and that you should do as instructed and Read it First! You get Read First instructions in loads of places, when you buy an appliance there is usually a read first instruction. When you take a test there is often a read first instruction. So what does an unfamiliarity with this site have to do with it? When you see Read First, please follow instructions.