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Sophiekins · Apr 30, 2008, 07:49 AM

Hello,
I know this question has probably been in a variety of different ways here but I have to ask it anyway. My Ex-husband is currently in prison and has not seen our Son or even tried to contact him in anyway since December 2003. He lives in Arizona I live in Kansas. My Son is five and doesn't remember his father at all which is believe it or not a good thing since his was an abusive man. I want to take any and all rights away from my Son's father so that if anything should happen to me my Mother will not have a legal fight on her hands since my Mother is on all of my paperwork and in my Will as the executor of my estate and chosen guardian for my Son. I have Sole custody of my Son right now and receive no child support for him. I am not after back child support or anything of that nature and there is not back child support due. My Son is well taken care of if something happens to me and also has a college account set up along with stocks taken out for him by my Mom and Dad. I just want to remove any possibilities that my Ex-husband could cause any problems in the future for me or if something should happen to me. Any help or advice is appreciated in this matter. Thank you all for your input.

GV70 · Apr 30, 2008, 01:17 PM

The best way for you is to terminate his parental rights.

Fr_Chuck · Apr 30, 2008, 01:38 PM

Many states will allow you to force him to lose his rights for being in prison if he was not having prior contact with the child prior.
Now it will be a lot easier also if he will merely agree to it, also.

Kansas in its state law

Circumstances That Are Grounds for Termination of Parental Rights
Ann. Stat. §§ 38-2269; 38-2271 states that one of the reasons is committing a felony and going to prison.

You may read the entire law at
http://www.childwelfare.gov/systemwi...dterminall.pdf

just scroll down to your state

angel1964 · Apr 30, 2008, 01:41 PM

Originally Posted by Sophiekins

Hello,
I know this question has probably been in a variety of different ways here but I have to ask it anyway. My Ex-husband is currently in prison and has not seen our Son or even tried to contact him in anyway since December 2003. He lives in Arizona I live in Kansas. My Son is five and doesn't remember his father at all which is believe it or not a good thing since his was an abusive man. I want to take any and all rights away from my Son's father so that in the event that anything should happen to me my Mother will not have a legal fight on her hands since my Mother is on all of my paperwork and in my Will as the executor of my estate and chosen guardian for my Son. I have Sole custody of my Son right now and receive no child support for him. I am not after back child support or anything of that nature and there is not back child support due. My Son is well taken care of if something happens to me and also has a college account set up along with stocks taken out for him by my Mom and Dad. I just want to remove any possibilities that my Ex-husband could cause any problems in the future for me or if something should happen to me. Any help or advice is appreciated in this matter. Thank you all for your input.

I would go talk to a lawyer. 2003 is a long time and he doesn't even know him. What a shock it would be to him to have to see him now. % yrs. And in jail. He should have his rights taken away. No child support.

Sophiekins · May 1, 2008, 06:00 AM

Thank you guys for your answers thus far. I do have one question if I live in Kansas and he is living/imprisoned in Arizona do I have to take their laws into account or do I just go by the laws set by my resident state? And does anyone know a ballpark estimate of how much this will run me? I like to plan ahead when it comes to my finances. Thanks again for all of your guys' guidance. I really do appreciate it.

GV70 · May 1, 2008, 08:35 AM

Originally Posted by Sophiekins

Thank you guys for your answers thus far. I do have one question if I live in Kansas and he is living/imprisoned in Arizona do I have to take their laws into account or do I just go by the laws set by my resident state? And does anyone know a ballpark estimate of how much this will run me? I like to plan ahead when it comes to my finances. Thanks again for all of your guys' guidance. I really do appreciate it.

No! You have to file in Kansas.

JudyKayTee · May 1, 2008, 09:27 AM

Originally Posted by GV70

No! You have to file in Kansas.

Well, I am reminded of the old saying, "where are you in? Whare BE that woman"

Sophiekins · May 1, 2008, 12:14 PM

Okay. I wasn't sure if I had to adhere to the laws set forth by both states or just the one. Thanks for the clarification. I do appreciate the help.

Plantiumme · May 2, 2008, 08:20 PM

It is best to do this quickly before the father decides to make contact. Once contact is made you can forget about his parental rights being taken away by the courts. Best to hurry!

Sophiekins · May 5, 2008, 04:32 AM

Originally Posted by Plantiumme

It is best to do this quickly before the father decides to make contact. Once contact is made you can forget about his parental rights being taken away by the courts. Best to hurry!

Currently he is in Prison in Arizona. From what I know he will not be getting out anytime soon. But I do plan on getting the process done as quickly as possible. Thank you for you insight and concern; it is appreciated.