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noahsmomma · Jun 25, 2008, 04:48 PM

I live in New York State and am seeking information on ending the parental rights of my daughter's & son's biological Father. My daughter is 12 years old & son is 9years old and has had no contact with his B.F. for 5 years. His Father is not required nor can be required to pay child support because he in in a Military Prison for Molesting an older Step Child(my child) & the 1/2 sister to these children. Their B.F. has been convicted and will serve another 6 years.He will have to register are a sex offender and can NOT be near children. He is currently trying to get out early.He has Mental problems. He can be violent & has harmed me and the children before was convicted of this crime.He is very unpredictable and at times a very real danger to himself and others. I was divorced from him in the state of Louisiana. I asked for Sole Custody with NO Visitation. He was awarded supervised visitation after he gets out even though he is NOT allowed to be around children.I was NOT given any child support. Once I was relocated to NY(Hurricane Rita) I applied for Child Support. The CS Enforcement wouldn't even help me because he is an inmate. Since he has NOT supported the children in over 5 years (and the other stuff)I want to end his rights. I have remarried. My current husband has support the children financially for over 4 years. My question is: How do I get his parental rights relinquished? Can this be done without an adoption in waiting? He won't agree to ANY of this. Can I get this done without his consent? We do this without lawyers, and due to his mental status, would it ever hold? I don't know how to get started on this process, or if it is even a legal possibility. Also the children want their names changed to my husbands last name. :confused:

Credendovidis · Jun 25, 2008, 05:02 PM

I do not think that you can deny the biological father to be acknowledged as the father.
As he was awarded supervised visitation after he gets out by a Court, the only way to block that right is by a new Court order. But that order will than look in the other rights too and adapt them if needed.

Get a lawyer to prepare for a Court decision. If you can't afford one you should go to the nearest university, and contact their law department. Often they help such cases for free, or will advice you where to go to get proper free or cheap assistance.

Good luck to you and your children !

:)

Fr_Chuck · Jun 25, 2008, 05:09 PM

You can request termination of his rights because of his felony conviction.
Normally his no contact is not a reason, nor even not paying but you will need an attorney,

IM4U · Jun 25, 2008, 05:10 PM

This sounds quite complicated. I do not understand why you "do this without lawyers." Perhaps it is for financial reasons. However, in my opinion, these matters need the attention of a very skilled lawyer. It seems a bit challenging for you to proceed on this one pro se (without legal representation).

Disclaimer: These comments represent the views and opinions of the writer and are neither provided as, nor intended for consumption as, expert legal advice. Any reader or other person applying this information to life circumstances assumes sole responsibility for the results of doing so.

noahsmomma · Jun 25, 2008, 05:14 PM

Thanks! I appreciate the help & the ideas!

noahsmomma · Jun 25, 2008, 05:17 PM

[QUOTE=IM4U]This sounds quite complicated. I do not understand why you "do this without lawyers." Perhaps it is for financial reasons. However, in my opinion, these matters need the attention of a very skilled lawyer. It seems a bit challenging for you to proceed on this one pro se (without legal representation).

To answer your ? ...because I am a SAHM raising 8 children. My husband is the only one that works and only makes $50,000, and we live on Long Island. Can't afford a lawyer they want $10,000 up front...

stinawords · Jun 25, 2008, 05:40 PM

I hate to bring bad news but every judge that I know requires a lawyer to draw up the papers for TPRs. You can start the process by yourself but in all cases that I have seen the judge won't sign anything until your lawyer has done their part. Luckily many lawyers will do this for a flat fee especially if you have already started the paper work and it was done right.