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jrarmr · Nov 8, 2011, 11:25 AM

I am from Nebraska and I am wanting to get my children's fathers rights taken away from him. He has had an order to pay childsupport for 4yrs now and has never paid it. He is a very abusive person, a habitual criminal, he also does meth and abuses alcohol. I want to know if there is any way I can get his rights expunged without me being married first. I am getting married and my husband wants to adobt them, but we are not getting married for another 2yrs. The biological father is currently in prison for the next 9yrs, but he is trying to get an order in place so he can talk to them on the phone. My kids don't know their bio-father because he has never been around for them. What can I do to see that he does not have any contact with my children?

JudyKayTee · Nov 8, 2011, 11:29 AM

The birth father has started Court proceedings to get telephone contact with the children? You would respond to that motion, attempting to prove he is unknown to them, he is a bad influence, he is dangerous to them.

Your boyfriend cannot adopt your children without the consent of the birth father, even after you get married. It sounds like the birth father WANTS contact so he's not going to sign off.

All you can do to block his contact is go to Court with your side of the story - and that boils down to whether his contact with the children is harmful to them.

You will be asked if you knew he was abusive, a habitual criminal and an addict when you had these children with him OR if this behavior came later.

You can go to Court and ask that he be stripped of his rights but I see no reason that the Court will grant that request.

jrarmr · Nov 8, 2011, 01:19 PM

I was told by my lawyer that once we got married that we could prove him to be unfit and he could adopt them without a problem

JudyKayTee · Nov 8, 2011, 01:43 PM

I respectfully disagree with your Attorney - however, your Attorney knows the entire situation and I only know the few sentences you've posted here.

He is serving 9 years, not life. I see no reason he can't claim he's been rehabilitated and obtain visitation rights.

Let's hope that the Attorney was correct because that appears to be what you want.

AK lawyer · Nov 8, 2011, 02:04 PM

Originally Posted by jrarmr

... I am getting married and my husband wants to adobt them, but we are not getting married for another 2yrs. ...

Your husband wants to adopt them? You mean your fiancé, I think. Why are you waiting for two years? Do you need that long to be sure that you want to be married?

You want to stop him from having contact with his children because he has never had contact with them? That makes no sense whatsoever. And I don't see how the children could be harmed by having a telephone conversation with him. If I can't see it, how do you expect the judge to see it?