[larona]

My child's father has not seen her since May 2005, He pays cour ordered child support because it is deducted from his check. I want to remove his parental rights because he has not seen her in 3 years. How can I do this and still receive child support. Please help:mad:
By the way I am in Mississippi

[JudyKayTee]

Why do you want to do this? He's not visiting now - why would you want to stir things up? As a side note, what happened with your puppy? What did the Vet say?

Anyway, advice aside, here's the law in Mississippi (it's stringent):

"In extreme cases, the court can terminate the rights of a parent, legally severing the relationship. The seriousness of such an action demands clear and convincing evidence that it is in the best interest of the child.

To terminate parental rights, a person, agency or institution must file a request in the chancery court of the county where the child lives. The mother, legal father and biological father become parties in the action, and the court appoints a guardian to oversee the child's interests temporarily.

Several different grounds exist for such action, including repeated abusive acts by the parent or a parent's abandonment of a child under the age of three for six months or over age three for one year.

Another scenario is when an agency has custody of a child for at least one year and tries to place the child back in the home. If the parents do not visit the child during that time or fail to fulfill their responsibilities, the agency may file for parental rights termination.

A parent's long-standing addiction to drugs or alcohol, mental illness, and severe physical disabilities that prevent fulfillment of parental duties are grounds for termination.

The court will consider such action if the parent-child relationship has largely disintegrated because of the child's apathy toward the parent or the parent's attitude or conduct toward the child, including abuse or abandonment.

Several different criminal offenses by a parent against the child can lead to termination of parental rights. These crimes include rape, sexual battery, touching a child for lustful purposes, exploitation of a child, felonious abuse or battery of a child, and carnal knowledge of a step- or adopted child or child of a cohabitating partner.

Terminating parental rights is the most extreme action a court can take. If the court believes contact between parent and child should continue, if only minimally, it can appoint legal custody or guardianship of the child to a third party.

However, if the evidence convinces the judge to terminate parental rights, that relationship is legally severed. The parent no longer has rights concerning the child, and the child is no longer the parent's legal heir. This action, however, does not affect the parental rights of the other parent.

Following the ruling, the judge places the child in the custody of an appropriate person, agency, or institution."

[nikosmom]

I agree with Judy, if he's not visiting why stir things up? It seems like you're already getting your wish, he's paying child support AND he doesn't visit. I think to summarize the law Judy posted, you can't revoke his parental rights just because you don't like him or have an ax to grind. You have to have justifiable reason to do so (ie. Drug/alcohol use, or history of abusive behavior). And even with just cause, it's a long road to have his rights taken away. The system works this way so that one parent can't file such orders out of spite.

[Fr_Chuck]

No, you can not remove his rights merely because he does not use them, If he spent time in prision, was a child molestor or was a danger to the child. But the child's father does not ever see the child so why does it matter

[stinawords]

All three of these answers are right and I couldn't have said it better.