Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Terminating rights (https://www.askmehelpdesk.com/showthread.php?t=219895)

  • May 25, 2008, 05:41 PM
    piglet1980
    i have a pfa and my x does not pay child support
    yes hello my name is tara williams and my best friend told me that even though I have
    a pfa on my x and he has not seen my son in 6 months in a row and he does not
    pay child support I can legally take he rights even though I am not yet married again
    is that true and how do I go about doing it?
  • May 25, 2008, 06:28 PM
    ScottGem
    What is a pfa?

    The laws on terminating rights vary depending on where you live. So we can't tell for sure. But generally, courts are VERY relunctant to terminate a parent's rights. Generally they will do so only to clear the way for an adoption or if the parent represents a danager to the child.
  • May 26, 2008, 04:48 AM
    piglet1980
    A pfa is protection from abuse
    I live in pa and I have a protection from abuse or and I want to termanate the fathers rights
    How do I do it before I get remarried? And is it true that since he has not seen my son
    In more than 6 months in a row and does not pay child support I can take them now?
  • May 26, 2008, 05:02 AM
    ScottGem
    First, please do not start a new thread for a follow-up. Use the Answer this question, or Quote User options to add a follow-up to the thread. I've merged the threads for you this time.

    As I said, in my previous answer, courts are very reluctant to terminate parental rights. While there are legal guidelines to help a judge make a decision in these cases, its not a cause and effect thing. In other words, 6 months of no contact does not automatically result in a TPR. You should find this site:
    Termination of parental rights, who may terminate parental rights, voluntary termination, involuntary termination, what is termination of parental rights
    Helpful. It does confirm that 6 months of no contact does constitute abandonment, but it also confirms that TPRs are rarely granted.

    I have to ask why you are in such a hurry? If the father has effectively abandoned the child that why do you need to formalize it? I gather that you are engaged and plan to marry soon. Does your new husband plan to adopt your child? If so, you will have to go back to court to do the adoption so why go through two expenses, do it all at once when its more likely to be granted.
  • May 26, 2008, 09:00 AM
    stinawords
    You have a better chance of going back to court and ask the judge to hold him in contempt for not paying support according to the support order (assuming you went to court to file for support) than you do convincing the judge to terminate his rights.

  • All times are GMT -7. The time now is 10:52 AM.