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GraysonEstate · Mar 12, 2012, 05:43 PM

I am a mother to a 6 yr old boy from NY. My son's father has caused harm to my son when he was an infant(2 weeks old). I did go to court and got full, sole legal custody and an order of protection because I was afraid he was going to harm my son further. He was given supervised visitation for 6 months that he was to pay for the visits to see him. He never even filled the paperwork nor made any effort to see him. He actually left the state and had another child. His new girlfriend has since made threats to help make my child disappear. I would like to have his parental rights terminated due to the safety and wellbeing of my son. How can I do so?

cdad · Mar 12, 2012, 06:05 PM

What contact has he had with you regarding the child? If his new girlfriend is the only one saying things and threatening you then she is the only one you can take action against. You can get a restraining order aganst her if needed.

Fr_Chuck · Mar 12, 2012, 06:06 PM

Sorry you are having this trouble. But you already have sole legal custody and his father only has supervised visits he does not use. Unless you can prove the father is still a threat, there is little you can do.

If the girlfriend is making threads about kidnapping the child, report her to the police for threats.

I really doubt you can take any more of his rights away. But if you want to try and have the money you hire an attorney and attempt to prove you meet your states requirements to take away his visits ( that he is not using) If he or she would take the child, now, it is still kidnapping , so taking his visits away will not change the threats.

GraysonEstate · Mar 12, 2012, 06:25 PM

He has since contacted me now that he resides back in NY. He showed up at my house unannounced stating he wants to take my son and said there is nothing I can do about it. He told me that if I don't let him, he will kick his chest in. My son started crying and hid under the bed. I am very terrified that he will hurt my son. Being so, he is an ex marine and permitted to carry a firearm from the state of virginia. Our last court appearance was a telephone appearance on his part which he admitted he did try to harm my son which was in 2006. After court, he drove his girlfriend to my house to show her where I live and gave her permission to do whatever she wanted. I tried getting a restraining order on her but I reside in NY and she resides in VA. As of this lately, since he in now back in NY, I've been trying to get some sort of advice on what to do next. I am really scared.

cdad · Mar 12, 2012, 06:37 PM

Was the police called and a incident report made when he made threat against you and the child? He is his own person and she is her own person. They are separate so you will have to double up if your going for restraining orders. If you do get a restraining order against him then he can no longer have a firearm. Does he have a permit for New York?

GraysonEstate · Mar 12, 2012, 06:38 PM

I understand that completely but I just want him to stay away from my son. He is very intelligent and great kid who doesn't need to be terrified. He hasn't seen him since he was 2 weeks old and just recently when he showed up at my house making threats which when my son was a newborn has went through with. So I don't know what to do anymore. I never thought a person you once shared a life with for years and was to marry would turn into a monster of some sort.

GraysonEstate · Mar 12, 2012, 06:44 PM

Yes the police were involved and so was the court system. All they gave me was a 2yr order of protection which he violated the moment he was served. I went through the state police regarding the restraining orders but because at the time they resided in VA, I was told it would be pointless because its across state lines and Virginia is a common law state. I am not sure if he has since got one for NY, I know he has a permit for Virginia. He does carry it in NY.

cdad · Mar 12, 2012, 06:51 PM

Here are links to the carry permit laws for both states. If he gets a domestic violence restraining order against him then he won't be able to carry in any state that Im aware of.

Virginia Concealed Carry Permit Information

New York Concealed Carry Permit Information

GraysonEstate · Mar 12, 2012, 07:00 PM

I really don't understand how someone who doesn't want to see his son at all to get to know him. Only see him to cause some sort of harm and yet I being his mother suppose to allow this crazy man the opportunity to do so on any given Sunday. Now if something happens to my son, then things get done. The system is screwed up, and I refuse to allow it to get that far. If they all the proof of this man admitting to and trying to further jeopardize my son's wellbeing... Then why can't something be done. I don't get it.

GraysonEstate · Mar 12, 2012, 07:03 PM

Thank you for the links, I will be looking into this asap because there has to be something done about this.