How do I ask the courts to take my ex husbands parental rights away from him? He hasn't had contact but one time in three years, but he pays his child support. I am afraid if something happens to me my will will not be honored because he is their legal father.

You'll actually have a very difficult time of it as long as he's paying his support. Legally that proves his "responsibility" and supports his role. Lack of contact, in most states, isn't enough to terminate his parental rights if he's been supporting them, and you're right, your will won't prevent him from getting custody should something happen to you. You'd have to prove that he was completely unfit from a legal standpoint (meaning that entering the children into his care would pose a significant physical threat to their wellbeing in most states) for them to even consider terminating his parental rights.

It is virtually impossible to remove a parent's rights to the child. He has to support the child but doesn't have to have contact with the child and upon your death his blood relationship to the child would supersede any Will, trust agreement, other document you have in place.

If he is a danger to the child it's another story.

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Originally Posted by slinkiezombie

I am afraid if something happens to me my will will not be honored because he is their legal father.

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Hello s:

I'm afraid you're right. If you die, HE will get custody - and he SHOULD. You cannot dictate these things in your will.

excon

As noted, your fears are real and the possibility of terminating his rights is about nil.

Unless you can prove he's a danger to the child (unlikely from what you've said), the only way to terminate his rights is if you remarry and your new husband wants to adopt.

The only other possibility is, if he doesn't contest the guardianship you have established in your will. But if he contests it, then he will be given custody.

Sorry to be the bearer of sad tidings, but that's the law.

He is having "contact" by paying his child support every month, the courts view that as contact in a vague way.

And even if he was not paying child support, merely not paying or visiting is seldom allowed as a reason to take away rights.

If he was willing to sign away his rights, and you had a new partner who wants to adopt.

And yes, your will can not control who gets custody of your child if the other bio parent is alive and willing to take the child. And even then, the courts would look at the suitability of the person you named also.

Now if he is a child molester or if he has been in prison for years for dangerous crimes, you "MAY" get his rights taken away, but even then, often they merely get supervised visits.