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Father of my 2 children was in an accident 6 years ago & is now disabled he cannot make decisions for himself or our children. We have not been together for over 8 years & I am married with 2 more children. Can his rights be relinquished considering his incapabilities of making important decisions?
No, but if your husband wants to adopt, that could allow for a termination of rights.
If he is incapable, he must have a legal guardian. Also if he is in capable of enforcing his rights what would you gain by taking them away?
They have been in my care and custody their whole lives my daughter 12 needs a better education and I need his permission? His mother will not let him sign consent what other choice do I have?
I think I am missing something here: what can you not do? Put them in school? Move away with them? What is it that you need his permission to do and why is it being denied?Quote:
Originally Posted by kennedy75
I moved from MI to GA last year, her school district here is terrible I moved her to the next county with my mother-in-law to finish the school year there where they provide a much better education. Come summer we will be moving there. He is in MI, he does not pay child support never has & yet they want his permission. In the future, I need to know his mother cannot interfere with the decisions I make for the well being of both my children. They love their father that will never change but he can't make decisions for them.
Who wants his permission? The school district? Your kids?
The school
If you live in the district, I do not believe the school can refuse admittance. What are they asking for? How do they even know you have joint legal custody (I assume that's what you have since otherwise you wouldn't need his permission)
Does your ex's guardian have a reason to deny you putting the kids in a good school? She obviously doesn't care much since you were allowed to move halfway across the country.
We live in the bad school district, my mother-in-law lives in the good school district. I had to give her temporary guardianship so my daughter could finish the school year there. She'll move back home when school is out. Legally all I know he has is his name on the birth cert. She had to get out of that school & this was the easiest & most quick way to do so. My ex's (we were never married) mother is his guardian and she doesn't want my mother-in-law coming after her for child support.Which is not the case. She also realizes our situation & just wanted the best for my daughter who she considers to be her grandchild even if their not blood.
So if I understand it, the only concern of the father's guardian is financial right? Has anyone ever suggested to her that they wanted anything from them?
It seems to me as though you have full legal custody so you really do not need his permission to do anything.
What is stopping you from moving into the good school district. You said you have 2 kids... wouldn't the other child benefit from it also?
Also, does your ex/his mom know that if your husband adopts your kids it removes any risk of ever going after support?
No I have never asked for money from his family. We will be moving this summer after we save a little more money. This, was I guess you would say an emergency she had to leave that school immediately. My 9 yr. old son is fine in the elementary school here. Hearing from others who had problems in this district it is mostly the middle school. I'm just learning this city,a lot different than where I'm from. It's just temporary, but I will not allow his mother to use her selfish concerns get in the way of us (my husband & I) raising our kids as we see fit. My ex trusts my husband & I.He knows we do our best. I know your not a lawyer,and my kids will not lose their father physically, I mean we will still talk every day & when we go home to visit he will stay with us at my mothers,but his mother cannot control me or my kids. Do you think I can do this legally & yes my husband would definitely adopt them.
I am not seeing where his mother (or the ex for that matter) has any control over what you do or how you raise your kids. You said that joint custody was never ordered by a court... so that means whomever has custody of them (the custodial parent) calls the shots. There is nothing keeping you from enrolling them in school. If the school questions you, simply tell them you have legal custody and you do not require permission.Quote:
Originally Posted by kennedy75
Thank you for your input
Let me see if I understand this. Your daughter's father and you were never married. The father is now disabled and his mother is his guardian. You have remarried and you gave temporary guardianship to your mother-in-law so your dauighter could go to school in her school district.
Is that the story?
In one response steve quoted you as saying joint custody was never ordered by a court. Is that true?
Unless joint custody WAS ordered by a court, then you should have full legal custody and there is no need to get him to approve anything. If there is joint legal custody, then there is n o need to terminate rights, simply apply for FULL legal custody on the grounds that the father is no longer able to make decisions on his own. I would think you stand a better chance of getting that then trying to terminate rights.
I have a few questions.
1) Is your ex receiving social security besaude of diminished mental capacity after the accident ? ( if so then his children should also be receiving funds from SSD )
2) Because of the unique situation your in you could go to the court that granted you custody and get an ex parte motion filed stating that you make the decisions for school and doctors etc without further modification to his legal standing regarding the children. That way for the 2 major things that seem to keep you at impass you get the last word.
3) If you do end up getting SSD on the children's behalf then you could remain where you are and send the children to private school.
This is kind of what I was driving at. I think you stand a better chance of getting this type of concession then a TPR.Quote:
Originally Posted by califdadof3
No the kids do not receive SSI benefits because he did not pay into SS enough for them to benefit. Thank you for the "Full legal custody" advice, that would probably be easier than trying to relinquish his rights all together. Thank you all for your advice it was very helpful.
Im not sure about your ex's situation but you might want to look at this to give yourself some answers. It may be that he will need a lawyer to help him get benefits and therefore your children will get benefits also.Quote:
Originally Posted by kennedy75
How Many Credits You Need: Disability Planner
See how he fits into the recommended charts.
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