I have a two and half year old and have taken care of her solely since she was born. Her dad has been in and out of jail since she was born and even prior to her existence. Last year his lifestyle and what he was doing to me, made me put a permanent restraining order on him. He then went to jail after being shot, being in a stolen vehicle controlled substances and a gun on him. He moved out of state and is now back in jail for being in a stolen vehicle and running from police and drugs... and I am tired! He has yet to provide support for her. Is it right for me, to file paperwork now. Child support< which enevitabley will be leaving him in jail longer than his sentence, since he doesn't have a job. That being choice A for him. And choice B- he can sign his rights over. Leaving me maybe with a little more peace than I have now. Let's just say I am in my 20's. This man is in his 30's. This is habitual and will always be...

File for child support, you deserve it, it's not your fault he is in jail to begin with.

Its unlikely you can terminate rights unless you have someone waiting to adopt. However, what you can do is remove visitation as part of the restraining order. Effectively that will eliminate his rights.

Might as well file for support... while he is in jail (or out) for that matter he doesn't seem to be exercising his rights anyway.