Ask Me Help Desk - Terminate paternal rights

My daughter's biological father was in and out of her life and child support was never paid. When she was 14 years old (she is almost 16 now) her father called and asked if she could come to his and his parents home in the next state over for thanksgiving. There was to be a special trip to Disneyland and she would be able to see her cousins and half siblings. Now before while she was young I had refused these visits as he and his family had issues in bringing her back. Once when she was 3 I let her go and then I had to go get her because they had a million reasons they couldn't bring her back. (the car was broken, they needed cash for gas etc) So I was nice and let her go. Everything seemed to have went well and she came home on time. When she did come home though I noticed how her and her father were inseparable from the phone. I tried to talk to both of them but they continued. I assumed it was a phase and all would change when she got tired of him. In late December I was notified by my ex's new ex that she had told authorities that my ex was having sexual relations with my daughter. Now at first I went to bat for my ex (even though I despised him) because I feel no man should ever be wrongly accused of this. Detectives and all were brought in and my daughter was questioned. In the beginning she denied everything but as time went on her and her father were caught in lies. I was instructed by dectetives in the next state to file a restraining order on him, as he had been charged with the crime. I did this in my state. I took my daughter to the preliminary hearing (to see if there was enough evidence to go to trial) and she still denied the allegations and the judge ordered there was enough evidence to proceed to trial. At this point I was beginning to believe the detectives. The first trial was delayed for the defense, the second time delayed because the other cases were backed up and we are set for a third time in June. However in January of this year my daughter came to me and told me it was all true. All of the allegations were true. I of course want to see him fry but I don't know if that will happen or not. I hope they don't delay this forever. Anyway, my daughter does not want to continue with that mans name on her birth certificate. I don't blame her. My husband (of 14 years) has always wanted to adopt her, but we know the ex would fight it. I now want to terminiate his rights as parent and I don't want to wait for the criminal trial. I feel my daughter is owed this. Can My husband adopt her and terminate his rights based on the fact that there is solid proof now that he did this to her?

I'm very sorry to hear about this situatuation. As far as I know (and I don't know much) you can potetion to have his right involuntarialy terminated under grounds of things such aa abuse if it can be proven.

Try googling "Chapter 22 of the walfare handbook" and click on the first link, Read carefully, it will give you lots of good info.

You will need an attorney ( expect it to be in that 5000 to 10,000 range since it will be court cases if the ex objects.

But you will have to prove that it is for the child's best interest. It is possible

Also check out legal aids if you can't afford an attorney

Quote:

Originally Posted by diane1971

My daughter's biological father was in and out of her life and child support was never paid. When she was 14 years old (she is almost 16 now) her father called and asked if she could come to his and his parents home in the next state over for thanksgiving. There was to be a special trip to Disneyland and she would be able to see her cousins and half siblings. Now before while she was young I had refused these visits as he and his family had issues in bringing her back. Once when she was 3 I let her go and then I had to go get her because they had a million reasons why they couldn't bring her back. (the car was broken, they needed cash for gas etc) So I was nice and let her go. Everthing seemed to have went well and she came home on time. when she did come home though I noticed how her and her father were inseparable from the phone. I tried to talk to both of them but they continued. I assumed it was a phase and all would change when she got tired of him. In late December I was notified by my ex's new ex that she had told authorities that my ex was having sexual relations with my daughter. Now at first I went to bat for my ex (even though I despised him) because I feel no man should ever be wrongly accused of this. Detectives and all were brought in and my daughter was questioned. In the beginning she denied everything but as time went on her and her father were caught in lies. I was instructed by dectetives in the next state to file a restraining order on him, as he had been charged with the crime. I did this in my state. I took my daughter to the preliminary hearing (to see if there was enough evidence to go to trial) and she still denied the allegations and the judge ordered there was enough evidence to proceed to trial. At this point I was beginning to believe the detectives. The first trial was delayed for the defense, the second time delayed because the other cases were backed up and we are set for a third time in June. However in January of this year my daughter came to me and told me it was all true. All of the allegations were true. I of course want to see him fry but I don't know if that will happen or not. I hope they don't delay this forever. Anyway, my daughter does not want to continue with that mans name on her birth certificate. I don't blame her. My husband (of 14 years) has always wanted to adopt her, but we know the ex would fight it. I now want to terminiate his rights as parent and I don't want to wait for the criminal trial. I feel my daughter is owed this. Can My husband adopt her and terminate his rights based on the fact that there is solid proof now that he did this to her?

I feel u, that alone should terminate all of his parintal rights! Stankin dog