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JOYCESMALLWOOD · May 29, 2012, 06:01 PM

I am a 29 year old single mother who resides in Bakersfield, California. I work full time as a teachers aide at a local preschool, and also do private tutoring for kindergarten readiness. I have been in the early childhood education field for four and a half years, and I have recently filed a child abandonment case against my sons father & am seeking to have the courts terminate his rights. It has been three years since our son has seen or heard from his father. His father has spent time in jail for repeated drug offenses, and has also spent time in jail for raping a woman back in 2010. His father has also had to register as a repeat narcotics offender.

I initially filed the papers because in two years ago his father attempted to gain sole physical/legal custody of our son. However his father failed to appear in court because he was arrested 3 days before our court date for driving under the influence of a controlled substance. As a result of his failure to appear, I was awarded sole physical/legal custody of our son.

Prior to now, my sons father has failed to call, write, or visit our son. Our court date to terminate his rights was this past week and his father actually showed up. During the investigation my sons father stated that he had "issues filing the paperwork and never pursued anything." He is now contesting my petition and was given a court appointed lawyer, our son was also appointed an attorney. I am extremely concerned for the safety and well being of my son due to his fathers repeated drug use/offenses as well as the rape conviction in 2010.

The law in California states that the child must have been left in the care of the other parent without any means of financial support, or contact from the abandoning parent for more than a year. My sons father is contesting my petition to the courts and is seeking to gain visitations with our son again. However as previously stated, I am concerned for the well being of our son.

Is there anything that I can do to obtain a lawyer who will be able to assist me. While I do work, my finances are not enough to support all that a lawyer requires. Please let me know if there is anything that you can do or if you know of anyone that can help me I'd greatly appreciate it. Also if you can tell me if I have a valid/solid case. Please please any information that you may have will help me and my son greatly.

smoothy · May 29, 2012, 06:52 PM

Originally Posted by JOYCESMALLWOOD

I am a 29 year old single mother who resides in Bakersfield, California. I work full time as a teachers aide at a local preschool, and also do private tutoring for kindergarten readiness. I have been in the early childhood education field for four and a half years, and I have recently filed a child abandonment case against my sons father & am seeking to have the courts terminate his rights. It has been three years since our son has seen or heard from his father. His father has spent time in jail for repeated drug offenses, and has also spent time in jail for raping a woman back in 2010. His father has also had to register as a repeat narcotics offender.

I initially filed the papers because in two years ago his father attempted to gain sole physical/legal custody of our son. However his father failed to appear in court because he was arrested 3 days before our court date for driving under the influence of a controlled substance. As a result of his failure to appear, I was awarded sole physical/legal custody of our son.

Prior to now, my sons father has failed to call, write, or visit our son. Our court date to terminate his rights was this past week and his father actually showed up. During the investigation my sons father stated that he had "issues filing the paperwork and never pursued anything." He is now contesting my petition and was given a court appointed lawyer, our son was also appointed an attorney. I am extremely concerned for the safety and well being of my son due to his fathers repeated drug use/offenses as well as the rape conviction in 2010.

The law in California states that the child must have been left in the care of the other parent without any means of financial support, or contact from the abandoning parent for more than a year. My sons father is contesting my petition to the courts and is seeking to gain visitations with our son again. However as previously stated, I am concerned for the well being of our son.

Is there anything that I can do to obtain a lawyer who will be able to assist me. While I do work, my finances are not enough to support all that a lawyer requires. Please let me know if there is anything that you can do or if you know of anyone that can help me I'd greatly appreciate it. Also if you can tell me if I have a valid/solid case. Please please any information that you may have will help me and my son greatly.

The court WON'T terminate his rights because that would mean he doesn't have to pay child support... and that would leave the state on the hook for that with no means to recover that money.

Besides... he's the father... and unless a court decides he is a danger to the child, he is entitled to visitation... even if it might be supervised visitation.

ScottGem · May 29, 2012, 07:04 PM

It is unlikely they will terminate his rights. But I also doubt if they will change the current custody setup.

I takes a lot to terminate rights.

Fr_Chuck · May 29, 2012, 07:57 PM

The courts almost never end a fathers rights for merely not visiting or not paying support.

The best things going for you was his jail time and sentences. But the court will have to view that he is a serious threat to the child. Plus they may end up giving him at least supervised visits. Since during supervised visits the child would not be in danger.

So I doubt you will win, since he is showing up and fighting it. Seldom will they ever take them away if the father is fighting to keep them.

JOYCESMALLWOOD · May 29, 2012, 09:57 PM

I forgot to mention that I was Awarded sole physical/legal custody of our son because his father was arrested 3 days before our custody hearing that he filed, because he was caught under the influence of drugs again.

ScottGem · May 30, 2012, 03:13 AM

Originally Posted by JOYCESMALLWOOD

I forgot to mention that I was Awarded sole physical/legal custody of our son because his father was arrested 3 days before our custody hearing that he filed, because he was caught under the influence of drugs again.

And that will be noted by the court. But it still may not be enough to terminate rights. I doubt if the custody will be changed until and unless he can prove he is totally clean.