I have a 3 yr old son. His father has seen him maybe 5 times in his 3 yrs.
I am trying to terminate his rights since he hasn't seen him since October 2007.

Also, his mother keeps calling me saying she is going to take me to court for grandparents rights. Well she has him one weekend every month. (because I live in Indiana and she lives in Kentucky.)

There is no court ordered visitation but yes there is paternity established and child support.

How do I go about everything?

With many states for a grandparent to be granted rights they have to prove things like it being in the best interest of the child, the child will suffer without visitations, etc...
I believe Kentucky follows that law.
Indiana law is
IC 31-17-5
Chapter 5. Grandparent's Visitation

IC 31-17-5-1
Right to seek visitation
Sec. 1. (a) A child's grandparent may seek visitation rights if:
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
As added by P.L.1-1997, SEC.9.

I think they are basically trying to intimidate you and do not know the law.
It is likely they could get visitation granted especially if the father is included in the visitations.
With the distance my guess is the Judge would have them less than once a month and split the summer and
Holidays.

Quote:

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Originally Posted by N0help4u

With many states for a grandparent to be granted rights they have to prove things like it being in the best interest of the child, the child will suffer without visitations, etc....
I believe Kentucky follows that law.
Indiana law is
IC 31-17-5
Chapter 5. Grandparent's Visitation

IC 31-17-5-1
Right to seek visitation
Sec. 1. (a) A child's grandparent may seek visitation rights if:
(1) the child's parent is deceased;
(2) the marriage of the child's parents has been dissolved in Indiana; or
(3) subject to subsection (b), the child was born out of wedlock.
(b) A court may not grant visitation rights to a paternal grandparent of a child who is born out of wedlock under subsection (a)(3) if the child's father has not established paternity in relation to the child.
As added by P.L.1-1997, SEC.9.

I think they are basically trying to intimidate you and do not know the law.
It is likely they could get visitation granted especially if the father is included in the visitations.
With the distance my guess is the Judge would have them less than once a month and split the summer and
holidays.

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So even though there is NO visitation established with the father. What are the chance of him getting visitation if he lives in Georgia has no relation with the child.
He is military and keeps using it as an excuse for him to not see his son.
But my husband is military and flys us there whenever he can!

That's what I thought. I was also told she couldn't file a claim in Indiana cause she doesn't reside here.

I didn't realize he lived in Georgia, I was meaning if he lived near his parents they could go in on the visitations together possibly. If he isn't interested in the children I guess he wouldn't even go after child support.
She would have to file in her state. There are organizations fighting for grandparent rights and organizations fighting against their rights. Usually it is up to the Judge.
With the distance I doubt the Judge would grant her even once a month IF the Judge even took into consideration rights of grandparents. BUT from what I read Kentucky law is she would have to prove that it was in the best interest of the child or no visitations would suffer by not having the visitations.

Why exactly are you trying to terminate his rights if things were going smooth and they were going your way anyway ? That's why this resentment is falling upon you from the sounds of it. You already have full custody.

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Originally Posted by califdadof3

Why exactly are you trying to terminate his rights if things were going smooth and they were going your way anyway ? Thats why this resentment is falling upon you from the sounds of it. You already have full custody.

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Me and the father only get along for my son. He has denied my son since everything happened between us. (can't deny him now cause paternity was established) He doesn't come around or call. That's why I want to terminate his rights. He isn't in his life and hasn't been. My son will be three and has seen his dad maybe 5 times. The last time he seen his "father" was in October. He says he can't see him because he is in the military which I know is a crock of because my husband is in the marines and sees us.

My husband has been in my sons life for the past year and a half and has known my son since birth. My son calls him dad. He would also like to adopt. That is another reason I would like to Terminate his rights.

Ok so if I have full custody and he has no court order established visitation, I don't have to let him see him correct?

I have never denied his father the right to see him or his mom for that matter, but I am tired of being told they are going to take me to court for visitation and making threats . I would like for my husband to adopt my son because he is his dad. And that's how my son sees him. As for his father, he hasn't been there and he still hasn't tried. Everything and everyone else is always more important. His son hasn't been a priority in his life so why make him a priority in ours.

If he has no court ordered visitations then you do not have to let him see him.
If he doesn't want to see him anyway then getting his rights terminated would just be a formality anyway.

What you really need to do is start adoption of your son since that seems to be your ultimate goal and in the courts eyes its a lot easier to do then trying to terminate a fathers rights. It sounds like you meet most of the qualifications.. i.e. married with husband wanting to adopt and you have been married longer then 1 years time. I would think that's the best way to pursue it. You really need to ask a lawyer about the ramifications should he contest it. Good Luck.

Quote:

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Originally Posted by trentonsmom2005

Me and the father only get along for my son. He has denied my son since everything happened between us. (can't deny him now cause paternity was established) He doesnt come around or call. Thats why i want to terminate his rights. He isnt in his life and hasn't been. my son will be three and has seen his dad maybe 5 times. The last time he seen his "father" was in October. He says he can't see him because he is in the military which i know is a crock of because my husband is in the marines and sees us.

My husband has been in my sons life for the past year and a half and has known my son since birth. My son calls him dad. He would also like to adopt. That is another reason I would like to Terminate his rights.

Ok so if I have full custody and he has no court order established visitation, I don't have to let him see him correct?

I have never denied his father the right to see him or his mom for that matter, but I am tired of being told they are gonna take me to court for visitation and making threats . I would like for my husband to adopt my son because he is his dad. and thats how my son sees him. As for his father, he hasn't been there and he still hasn't tried. Everything and everyone else is always more important. His son hasn't been a priority in his life so why make him a priority in ours.

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Rather than terminating the father's rights consult an Attorney about an adoption by your husband - let the Attorney address the subject with the father. No, you don't have to let the father see the child if there is no order in place - but I thought he didn't want to see him, anyway.

As far as the Grandparents they are going to do whatever they are going to do and you can fight it if and when it happens.

I understand you are upset but the "son hasn't been a priority in his life" statement takes this out of the "what is best for my son" category and into the "revenge" category so I'd be a little careful how you word things when you address custody and visitation.

Im not trying to make it sound like revenge in anyway shape or form..
Im just saying Trents father has not stepped up to the whole father role in 3 years. How is it taking it to a revenge mode from that?

This didn't start with the threats or anything until I denied her the right to take my son 800 miles away from home for a week. It wasn't until this that the threats began.

I denied her this right because one my son hasn't spent more then a weekend with her at a time, he just got diagnosed with Scarlet Fever, and he doesn't know his father to be left with him for a week.(not to metion its an eleven hr drive if something happens.)

Im confused on what to do.

I greatly appreciate every bit of help from you guys. I guess my next step is to locate a lawyer and see what I need to do!
Thank you all so very much!

Quote:

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Originally Posted by trentonsmom2005

I greatly appreciate every bit of help from you guys. I guess my next step is to locate a lawyer and see what I need to do!
thank you all so very much!

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Good luck and if you get a chance please come back and let us know how it works out for you? Fingers crossed.