My son is 5 years old and my divorce just became final in march 2007 but been separated since may of 2006. His dad comes around once every two or three months and has not paid child support in over a year. He never call and my son cries every time he has to go over there. Dad's new girl friend has six children and none of them belong to his dad. The children hit and scratch me son. It is usually the 14 year old and 12 years. My son is so scared to go see his dad. I've already filed a case with CPS and they determined that abuse did happen but he still has rights and I am scared that he is really going to get hurt over there. What can I do to terminate his fathers rights.

Quote:

---

Originally Posted by monafruedaz

My son is 5 years old and my divorce just became final in march 2007 but been separated since may of 2006. His dad comes around once every two or three months and has not paid child support in over a year. He never call and my son cries every time he has to go over there. Dad's new girl friend has six children and none of them belong to his dad. The children hit and scratch me son. It is usually the 14 year old and 12 years. My son is so scared to go see his dad. I've already filed a case with CPS and they determined that abuse did happen but he still has rights and I am scared that he is really going to get hurt over there. What can I do to terminate his fathers rights.

---

The court gave your ex visititation rights/schedule. What is his schedule?

It is EXTREMELY hard to terminate a parents rights... especially if they fight it.

You will have to prove he is an unfit father, unable to properly care for the child. But that doesn't seem to be the case. Regardless of how little he sees his child, he still makes the effort to see him. Child support is something YOU are going to have to pursue. If he isn't paying, call your child support office and figure out what's going on. You can be guarnteed he isn't going to make the first move on that. Also, in almost all cases, a parents rights will not be terminated unless there is someone willing to adopt the child in their place.

I can almost promise you... you are not going to be able to terminate his rights.

What you need to do is address the visitation agreement. You now have proof that the other children are not being friendly with your child. Request the visits be supervised... you have the grounds to bring that to the courts.

As long as he wants to see the child, and CPS does not deem him a danger to the child, I doubt it will happen. You have several issues, First you need to go back to court and force the child support. And most likely instead of taking away his rights, if you prove there is a real threat, you will get supervised visits