Ask Me Help Desk - Termination of Parental Rights

Thank you so much! The D.A. has already said he will be a registered sex offender. Although he isn't being charged as an adult, because of the charge it will carry over as he becomes an adult, which is fine with me. People need to be aware that predators come in all ages, races, religions... you just can't be safe anymore. You can't trust anyone. I'm being as patient as possible because I don't want them to miss anything... he can't slip through the cracks... again.

Ok, first,I think there was a misunderstanding in your original post. It sounded like you were trying to get your husband's rights terminated towards his son. Frankly, I don't see any chance of that. Even less of a chance of having your husband's financial obligations terminated.

Quote:

Originally Posted by tg1977

Will the courts not take into consideration the fact that a child was born from this criminal act that we are now financially responsible for? Why wouldn't this have a factor if not?

However, I think you are asking about getting the rights of your grandchild's father terminated. Since that child is the child of rape, I believe you will be able to get to adopt that child thereby terminating the father's rights. So yes, the criminal act will be taken into account in terminating the rapist's rights. Even if he refuses to sign. In fact, since he's still a minor, he can't legally sign so I believe the courts will allow you to adopt without his signature.

Quote:

Originally Posted by tg1977

I am furious!!! I feel that his mom should take full responsibility since she sent him here knowing he was a predator. My family is suffering and she doesn't give a damn about how my daughter is suffering trying to carry a baby when she's a baby herself. Is there any way that we can petition the court ourselves to have this done. or should we go deeper in debt to pay for an attorney for this issue. It is really complicated, but our adoption attorney in TN is going to require a lot of money before she even starts to look into this.

This is another matter. I believe you have a case against the mother for not revealing that her son was a sexual predator. If some indication had been given you could have protected your daughter even if you had taken him in.

I don't know, however, if the mother has any financial resources that would allow you to recover anything.

One last point. You referred to "extreme" circumstances. While the circumstances are extreme, they are not extreme in the eyes of the law. Which is why I don't think your husband paternal rights will be terminated.

Yes I am sorry, I thought it was the husbands rights they were talking about also. I am sorry.

In the case of the teens right who raped the child, yes there is a chance to get his taken

Oh, I was talking about my husband's rights as well as the rights of the rapist.

Quote:

Originally Posted by tg1977

Oh, I was talking about my husband's rights as well as the rights of the rapist.

Well, like I said, I don't think you have very much of a chance of getting your husband's rights terminated for his son. The only way that will happen is if it doesn't terminate his financial obligation.

Quote:

Originally Posted by tg1977

Oh, I was talking about my husband's rights as well as the rights of the rapist.

Whew ! I got it right. :rolleyes:

Quote:

Originally Posted by ScottGem

However, I think you are asking about getting the rights of your grandchild's father terminated. Since that child is the child of rape, I believe you will be able to get to adopt that child thereby terminating the father's rights. So yes, the criminal act will be taken into account in terminating the rapist's rights. Even if he refuses to sign. In fact, since he's still a minor, he can't legally sign so I believe the courts will allow you to adopt without his signature.

Actually just need to correct one thought here: being a minor has no bearing on whether you can legally sign away parental rights to allow an adoption. A minor is considered emancipated for all decisions regarding their own minor child.

That doesn't mean that the OP won't be able to have his rights involuntarily terminated due to the rape.

I just wanted to point out that a minor status has nothing to do with whether a parent can make a decision regarding their own child's welfare and future--i.e. relinquishing rights to allow an adoption, or choosing to parent and NOT allowing an adoption.

Synnen, You're right, I was forgetting that a minor could legally assent to the adoption.