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burkew · Nov 13, 2010, 11:20 AM

Hello I was wanting to know how to go about taking my chidrens father rights away. He is an alcoholic and I have had him charged with domestic violence. I feel as if he is not a safe person for my kids to be in his care. I am worried that if something was to happen to me that my children will be put in his care. I want his rights taken away. Also he does not pay child support although he is ordered too. What do I need to do to get his rights taken away?

AK lawyer · Nov 13, 2010, 11:29 AM

Are you divorced?

ashleydoo · Dec 1, 2010, 12:29 AM

Unfortunantly you can not get his rights taken away, no matter how bad he is he is still the father of the children and has rights as well as you do. What you CAN do however, is because you have a DV charge on him you need to get a lawyer (family law) and go to court for temp. custody (if you haven't already) bring to the judge ANY evidence of the DV (Domestic Violence) and even a statement from Child Support Agency showing that he has a balance that is well over due. He will probably get visitation no matter what you do, but you can ask that because of the DV that he have a supervised visitation only until permant custody is awarded. You may be able to get the father to sign legal documents giving his right up (which is pretty much the only way it will be done) if you give him something in return (i.e that he won't have to pay anymore child support ever, that you will drop DV charges but maintain papers saying he can only come within a certain ft from you or the kids, that he can't follow you if you move out of state, get everything you want down on paper) see a lawyer and go about it that way. KEEP A JOURNAL OF EVERYTHING THAT HAPPENDS! WITH DATES, TIMES ETC. also make sure that if he does sign his rights away that you state in the legal papers that if you happen do pass away before the children are of legal age (18+) then they get to go to someone of your chooseing. That way if something does happen he can't go back to a judge and say "i know i signed my rights away but im a changed man and want to care for my kids". Because most likely that's now what he wants. I hope this helps!

AK lawyer · Dec 1, 2010, 04:37 AM

Originally Posted by ashleydoo

unfortunantly you can not get his rights taken away, ...
you may be able to get the father to sign legal documents giving his right up (which is pretty much the only way it will be done) ...that he can't follow you if you move out of state, ...

Wrong, on so many levels.. .

ScottGem · Dec 1, 2010, 05:13 AM

There are basically two instances where you can get a court to issue a TPR. One is to clear the way for adoption, the other is if the father presents a clear danger to the child. However the latter is very hard to prove. A lot also depends on where you live. ANY question on law needs to include your general locale as laws vary by area.

In your case I would doubt that the court would grant a TPR. People can change. The father can sober up and get control so he would not be a danger. Does he have visitation rights now? Has he tried to use them? What I would suggest is you consult a local attorney who can tell you what you can do to proceed.