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tg1977 · Nov 25, 2011, 04:43 PM

I posted this question in another law room online and received no GOOD feedback. I will add more detail to see if I get any better luck without assumptions and harsh judgements if someone can answer some questions one on one:

My husband and I need to find the steps to petition the court to have his parental rights terminated for his son. There are some very serious issues that happened very sensitive information and personal. Not sure I want to post them on here. His mother knew of these issues and sent him to our home without telling us about them and he did some unspeakable things while he was in our home. We are still obligated to pay child support and insurance but I believe any reasonable judge who hears what has happened will order it stopped. We need HELP ASAP. A criminal case is also taking place.

Fr_Chuck · Nov 25, 2011, 04:55 PM

Sorry his sons criminal activiy has nothing to do with your husbands obligation to pay child support.

If the child is placed in Juv Detention for any number of years, he may not have to pay, or would have to perhaps pay the state.

He could have tried to kill your husband, does not matter, in regard to child support.

There is no form to fill out to request termination of his obligation to child support. His rights are that of visitation and legal custody, he does not have to use those, all he has to do is send a check.

cdad · Nov 25, 2011, 04:59 PM

First off how are you related to the child? Is the child currently in your care? Have charges been filed in this criminal case your talking about and how far along is it?

Since it sounds like your not either of the parents to this child and adoption is the root question. Is the mother of the child also a part of this adoption?

We need to know a little more about your case before offering solid advice. Also what state is this in ? Location is a key factor also.

tg1977 · Nov 25, 2011, 05:17 PM

Chuck,
The research I've done says something completely different. It says under extreme circumstances a Judge can terminate those rights. Let me give you further background. The child lived in MS with his mother. For years she said my husband was NOT the father and she named another man as the father on the birth certificate. 122 years later, after her and the man split, we received notice in the mail about a paternity order. He took the test and it cme back as his son. We were fine with that, started to get to know him and had him evry holiday and school break. We asked about medical conditions emotional issues, everything and she told us he had been to counseling because she had been involved in some abusive relationships. I understand that, as I was a Social Work major. My husband and I have 2 daughters, one is a special needs child. His mother started calling every other day a year ago, and she said he had failed his grade. She wanted to send him to my husband. My husband and I discussed it and decided we would do it for a school year as a trial, to get him on the right track. Things seemed fine, but we noticed things were ending up broken every week... doors, a new let out sofa I had bought, but we scolded him as just rough boy behavior that we weren't used to. There was some conflict with him and my youngest(special needs), but I asked her and she just said everything is fine His grades were all B's and he left the end of the school year. My youngest daughter(turned 13 in July) became ill in August when school started. We took her to the doctor and they told us she was pregnant! She didn't understand what was going on and was in denial... and I had to calm her and myself down and ask her what was going on. She told me that bastard had been raping her in the middle of the night while we were asleep and he was threatening her and was telling her it was OK. She'll be giving birth to a child that my husband and I will have to raise. During the criminal investigation, The DA discovered the mother knew he was involved in this type of behavior and she sent him here without notifying us. He had been in counseling for molesting another little girl in MS. As I said, this is an EXTREME circumstance. I wouldn't be looking for an option like this for nothing.

tg1977 · Nov 25, 2011, 05:19 PM

How to Terminate Parental Rights

• Step 1

Look up the state law or statute that gives a natural parent the right to terminate their parental rights.
The statute can be found in the State Code or on a state's legislative website. The exact laws vary
Depending on which state the child and parent reside in.

• Step 2

Have good cause. Good cause is a legal term meaning that you have a good reason for giving up your
Parental rights. Most states will consider terminating parental rights to facilitate an adoption as a good
Cause. There are very few other good reasons to give up a child. A state statute may have a list of what
The courts have considered good cause in the past. Stay within the good cause guidelines.

• Step 3

Draw up a written consent document that relinquishes your rights. Call a family law attorney for help
Drafting the document or visit the clerk at your local county courthouse for preprinted documents and
Guidelines.

http://www.myoutofcontrolteen.com/mr-rights.html

Fr_Chuck · Nov 25, 2011, 05:25 PM

The issue is that in practice, it almost never happens,

The child is out of your home, will not be coming back, so there is no danger, If you want to have any chance what so ever, you need to hire an attorney, I would still give it very little chance of being allowed. ( sorry it is my opinion from what normally happens)

cdad · Nov 25, 2011, 05:26 PM

How old is the child in question ?

cdad · Nov 25, 2011, 05:31 PM

Originally Posted by Fr_Chuck

The issue is that in practice, it almost never happens,

The child is out of your home, will not be coming back, so there is no danger, If you want to have any chance what so ever, you need to hire an attorney, I would still give it very little chance of being allowed. ( sorry it is my opinion from what normally happens)

It is my understanding that if the child goes into a lockup situation then the courts may grant relief as far as legal custody and the parent may still be responsible for child support to the state. This is how many states are recouping funding for incarceration. The grounds that the child is incorrigible can be grounds for removing legal rights but it won't remove obligations to and for that child.

tg1977 · Nov 25, 2011, 05:31 PM

Sorry,
But I hope you're wrong. How much more extreme of a situation can this get, besides murder, which he's threatened my daughter with? What instances have you seen come through the courts? Other than not wanting to pay child support or wanting to get away from the oher parent? I'm just curious.

tg1977 · Nov 25, 2011, 05:36 PM

He's 15.

cdad · Nov 25, 2011, 05:36 PM

Originally Posted by tg1977

Sorry,
But I hope you're wrong. How much more extreme of a situation can this get, besides murder, which he's threatened my daughter with? What instances have you seen come through the courts? Other than not wanting to pay child support or wanting to get away from the oher parent? I'm just curious.

I have seen that when going to court and having the child declared "incorrigible" then there is a chance to remove legal rights. Legal rights are those that can make a parent responsible for a child's behavior. Like being sued or having to pay restitution. But they have been very reluctant to remove the obligation to that child. If the child is in states custody then there is a bill that is sent out to the parents of the child. This bill covers in part the expenses of keeping the child in lockup. Other then adoption the outright removal of rights and responsibilities is very slim.

tg1977 · Nov 25, 2011, 05:37 PM

Will the courts not take into consideration the fact that a child was born from this criminal act that we are now financially responsible for? Why wouldn't this have a factor if not?

cdad · Nov 25, 2011, 05:51 PM

Originally Posted by tg1977

Will the courts not take into consideration the fact that a child was born from this criminal act that we are now financially responsible for? Why wouldn't this have a factor if not?

Im not stating it doesn't. But if I were you because of the circumstances that are involved. When the child is born to move to remove the fathers rights permanently. That way your daughter is protected by law and also make sure restraining orders are in place and permanent.

I am sure a judge will listen if it is presented properly. But as has been stated before they may still require a payment for his time in detention. I can't predict what will actually happen in a courtroom. Only what is likely based on the facts at hand.

Here are some examples of how this can work if there is still a financial tie.

Parent Pay

Thurston County Juvenile Court - Parent Pay Program

Also is the child being tried in your state (where it happened) or are they trying to have it in MS (if it is a different state then yours).

tg1977 · Nov 25, 2011, 05:56 PM

He is being tried in TN. He will be extradited back here soon hopefully.

tg1977 · Nov 25, 2011, 05:57 PM

We are planning to formally adopt, but the adoption attorney said that we still have to get his signature although it was rape!! I can't believe that!

cdad · Nov 25, 2011, 06:00 PM

Originally Posted by tg1977

We are planning to formally adopt, but the adoption attorney said that we still have to get his signature although it was rape!!! I can't believe that!

Yes and no. If you can get his rights terminated then at that time you can move forward with the adoption without his signature. The courts have to work within the laws given and in the case of adoption a good faith effort has to be made to find the parent. In a case like this and with a conviction it may be possible to work the adoption through without a legal fathers signature.

Fr_Chuck · Nov 25, 2011, 06:03 PM

Most likely can get the adoption though if he is charged and convicted of rape. But your attorney will have to work on this, the laws on custody and adoption are far to complex to even consider doing it yourself.

tg1977 · Nov 25, 2011, 06:03 PM

I am furious!! I feel that his mom should take full responsibility since she sent him here knowing he was a predator. My family is suffering and she doesn't give a damn about how my daughter is suffering trying to carry a baby when she's a baby herself. Is there any way that we can petition the court ourselves to have this done. Or should we go deeper in debt to pay for an attorney for this issue. It is really complicated, but our adoption attorney in TN is going to require a lot of money before she even starts to look into this.

tg1977 · Nov 25, 2011, 06:08 PM

So far, he's been charged with child rape. They are waiting on her to deliver (3 weeks or less) before they move forward. We've been dealing with this for 3 months and it doesn't hurt any less than the first day. My daughter and the baby are the primary focus, but I need justice to be swift and just as furious as I am!

cdad · Nov 25, 2011, 06:18 PM

Originally Posted by tg1977

So far, he's been charged with child rape. They are waiting on her to deliver (3 weeks or less) before they move forward. We've been dealing with this for 3 months and it doesn't hurt any less than the first day. My daughter and the baby are the primary focus, but I need justice to be swift and just as furious as I am!

Your in my prayers. Just please try to understand that they are waiting so they can do a DNA test to get the conviction that they need. Please try to bare with the system as it works. He needs to be put away for as long a time as possible. Also if you have any say in it. He needs to be on the offenders registry.