Ok, so I have an ex-husband that has not seen/talked to our children for over a year now. He has said that he wanted to sign his rights to them away, but that was about a year ago. So what I want to know, is there something that I can do now, with out having to wait for him to make up his mind on what he wants to do? :confused:

Is he paying child support?

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Originally Posted by macksmom

Is he paying child support?

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No he is not, he never has.

OK so I have gone through an attorney for this with my daughters father... we weren't married though.

If he has not seen the children and has not supported them you can file abdonment on him and petition to have his parental rights terminated. In Ohio it has to be only 6 months of no contact AND no child support (child support shows interest even if he is not seeing them) that will result in his rights being terminated.

If you are in agreement to him signing over his rights, contact an attorney. In Ohio they just changed the law and a father cannot sign over parental rights, even if the mother is in agreement, unless there is someone else willing to adopt the children in the fathers place (they don't want to give the mother reason to go on welfare).

I would definitely contact an attorney and get a free consult. There is much you can do since he has not seen them, or paid support, and at one time said he would sign over his rights to them.

BTW what's the goal of terminating his parental rights?

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Originally Posted by macksmom

ok so I have gone through an attorney for this with my daughters father...we weren't married though.

If he has not seen the children and has not supported them you can file abdonment on him and petition to have his parental rights terminated. In Ohio it has to be only 6 months of no contact AND no child support (child support shows interest even if he is not seeing them) that will result in his rights being terminated.

If you are in agreement to him signing over his rights, contact an attorney. In Ohio they just changed the law and a father cannot sign over parental rights, even if the mother is in agreement, unless there is someone else willing to adopt the children in the fathers place (they don't want to give the mother reason to go on welfare).

I would definitly contact an attorney and get a free consult. There is much you can do since he has not seen them, or paid support, and at one time said he would sign over his rights to them.

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Thank you for that info. I do have my b/f that does want to adopt them, but I didn't know if we had to be married for that to happen... We are getting married, but not till next year.

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Originally Posted by GV70

BTW what's the goal of terminating his parental rights?

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Well one of the reasons for wanting to do it, is because he hasn't been in there life for over a year. And I don't want him to get some crazy idea to come back one day and try to f*** with their heads. He's that kind of person. I'm really just looking out for my kids and what's best for them. It has taken my oldest a long time to get over things and I just don't want her to have to go back through the whole thing again.

No problem :)
You would have to check the laws in the state you live, or a good idea is to do a free consult with an attorney who would be up to date on the laws or changes... cause like I said, at the time I was trying to get my daughters father to sign over rights it was legally allowed if both parties agreed... but by the time he finally said he would sign them over the law had changed and we couldn't do it unless I had someone to adopt her.
In Ohio you have to married a year for the husband to adopt... but I have heard of cases elsewhere where the judge has allowed adopted to couples that were engaged depending on the length of time they have been together.
So I think your best bet would be to consult an attorney and see what the laws require in your state. And if they state you have to be married a year... just try and let it ride, don't contact him, don't go for support... obviously if he wants no involvement he isn't going to make any attempt... that will be just that much more evidence when you do go to have his rights terminated.

Good luck!

Is there someone waiting to adopt your children, such as a new husband? If so, then he can sign his rights away (by giving your husband consent to adopt the children.) Otherwise, there is really nothing you can do, other than to sue him for child support (if you haven't already), which he has to pay whether he wants to or not and whether he wishes to relinquish his rights or not.

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Originally Posted by s_cianci

Is there someone waiting to adopt your children, such as a new husband? If so, then he can sign his rights away (by giving your husband consent to adopt the children.) Otherwise, there is really nothing you can do, other than to sue him for child support (if you haven't already), which he has to pay whether he wants to or not and whether he wishes to relinquish his rights or not.

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This answer is correct. The court is not willing to terminate parental rights without reasons. It is possible for you and the father to be ordered to visit parental classes or counseling rather to terminate his rights./ if you come into question about terminating of his rights/.

There are many threads here that discuss similar situations. Bottomline there is little reason to request relinquishment of rights and it is very hard to get it granted unless there is someone waiting to adopt or a case of abuse.

Wait until you and your b/f are married, then file for adoption.

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Originally Posted by ScottGem

There are many threads here that discuss similar situations. Bottomline there is little reason to request relinquishment of rights and it is very hard to get it granted unless there is someone waiting to adopt or a case of abuse.

Wait until you and your b/f are married, then file for adoption.

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Thank you all for everything. It's not like I'm running to the court house today, I just wanted to know, what could or couldn't be done. If it's a matter of waiting than I'm going to wait, I'm just looking out for my kids. They have been through too much already and I just don't want them to go through anymore. I'm just being a mother!