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teyha001 · Mar 21, 2013, 10:42 AM

My ex is the father to 3 of my four kids. He was an abuser to me, in front of them. Its all on police record. I would like to terminate his rights because I am getting married and he hasn't seen the kids in 5-6 years. There was a restraining order on him that he was to have no contact with me or the kids for 4 years. Well he has been in and out of jail this whole time. I know where he is and he still has over a year left. So can I take them away?

excon · Mar 21, 2013, 10:51 AM

So can I take them away?

Maybe. You'll have to go to court. You've said he's a bad guy, but you didn't say he was bad with his kids... I don't know the outcome.. But, you'll need to show a judge WHY his parental rights should be removed. Being a felon ISN'T enough.

Escon

teyha001 · Mar 21, 2013, 10:55 AM

Well he's never had to be a parent. He's just a angry person. But thanks for your quick answer! :-)

ScottGem · Mar 21, 2013, 12:42 PM

If he's not exercising his rights, its unlikely a court will terminate them. However, if you want your new husband to adopt that is a different story. If he won't agree to the adoption you may get a court to override his objection.

teyha001 · Mar 21, 2013, 12:45 PM

Well that's what I want to do. My new husband wants to adopt them. And I'm thinking since he's never been there maybe that will work. But if not at least we tried.

ScottGem · Mar 21, 2013, 01:12 PM

You will NEED an attorney to prepare the paperwork and advise you on what requirements there will be. Generally you have to be married at least a year. So start shopping for an attorney now.