My husband is been on and off with drugs forever. I have tried helping him but I'm done. We have a kid together and I'm planning asking him to voluntary sign parental rights, if he doesn't can a judge revoke them? He has a long criminal history (including drug charges), I have prove we been in couples counseling for his addiction, he's been in detox places etc... experts can said he has mayor depression, anxiety and possible bipolar. Will this be enough for judge to see how she cannot be close to him?

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Originally Posted by naive55

Will this be enough for judge to see how she cannot be close to him??

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Hello n:

No, it isn't.

excon

First, he can't voluntarily sign over his rights. Don't know where you got this idea from. Only a court can terminate parental rights and they are very reluctant to do so.

Seems your main concern is keeping him from your daughter. You don't need to terminate rights to do that. If he has a drug problem and a long criminal history there is a good chance a court will not allow visitation. But there is often a problem with such a situation. If he has such a long and bad history why did you have a child with him? The courts will ask that question.

You can voluntarly sign parental rights, in front of a judge of course. Is kind of what happends when you give your child for adoption... I don't think looking at the points I cannot change is useful. Or should I cry over spilled milk?
I work on social services, I believe on helping people, I believe in change; how could I denied help to my own husband? I honestly try my best to help him, was loving and caring and very naïve I suppose.
I had my daughter because I got pregnant and decided not to have an abortion, she is my responability and I have to make sure she gets everything she needs, including not suffering seeing her fathers poor decitions.
I'm hoping a judge will clearly see that.

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Originally Posted by naive55

I'm hoping a judge will clearly see that.

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Hello again, n:

The judge clearly will. However, in my view, the judge will decide that the lesser of two evils would be to restrict him to supervised visits, rather than eliminating them altogether... But, who knows? Maybe your judge will be sympathetic to your argument.

excon

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Originally Posted by naive55

You can voluntarly sign parental rights, infront of a judge of course.

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That's not quite accurate. A person can AGREE to relinquish their rights. But only a court can terminate them. So what happens in the case of an adoption is the parent signs an agreement to relinquish and the court then issues a termination. The court may decide that a TPR is too harsh and order that he undergoes rehab and then decides to issue a TPR or not.

I'm not saying you weren't wrong in supporting your husband. I'm just saying the court will look at that and factor it into their decision.