Terminating Parental Rights

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bizmommy

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I'm looking to start an action in the family court to have my ex-husband's parental rights terminated. Not a vindictive thing or anything like that, he hasn't seen them since they were ages 2 and 4 and he moved across the country and started a new family. I've since remarried and my husband wants to adopt them. I also want to ensure that God forbid something happens to me my kids aren't automatically shipped halfway across the country to live with a stranger hundreds of miles from all of their biological family.

That being said, I found forms on the ny courts website for doing this (TPR forms) but it looks like they are all made to be filed by agencies and foster parents. Can anyone point me in the right direction to file a petition on my own behalf? I'm a paralegal and I'm comfortable with the forms to a certain extent but I don't want to waste the court's time with incorrect filings. I already have full custody.
 
You can't terminate the father's parental rights and interests in the children. It would be difficult to terminate your own.

The standard for being a parent is very low. The fact that dad hasn't seen his children isn't legally sufficient in order for a court to wrest his paternal rights from him.

Dad couldn't easily decide to surrender his rights, either.


You can try to have his rights taken. Don't be disappointed when you don't succeed. These days being aloof is acceptable as are many other parental foibles!
 
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TPR as part of a stepparent adoption proceeding is possible.

But OP should speak with a local attorney to help her with this - adoption, even when all parties are in agreement, is never a DIY project.
 
Ok I have a serious issue I've been paying child support for my 7 yr old daughter and I been going back and fourth to court about my visitation I was granted it almost 5 yrs ago the mother still does not go by the court order for it I done had her dragged back to court numbers of times and still I have not seen my child so I'm to a point were I just want to sign all parental rights over and do away with paying child support to her its not fair she gets my money and I have not seen my child in over 6 yrs I do not have this problem with my other child mom and she does not stay in Florida so with that being said how can I cut all ties from her child support and my parental rights I'm just tired I can give that money she is getting and give it to my other child
 
No court is going to let you terminate your rights because you don't want to pay support anymore. If she is refusing visitation, you need to file a show cause.

On another note, instead of hijacking a thread, next time, start your own.
 
confused39 said:
Ok I have a serious issue I've been paying child support for my 7 yr old daughter and I been going back and fourth to court about my visitation I was granted it almost 5 yrs ago the mother still does not go by the court order for it I done had her dragged back to court numbers of times and still I have not seen my child so I'm to a point were I just want to sign all parental rights over and do away with paying child support to her its not fair she gets my money and I have not seen my child in over 6 yrs I do not have this problem with my other child mom and she does not stay in Florida so with that being said how can I cut all ties from her child support and my parental rights I'm just tired I can give that money she is getting and give it to my other child
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Why do you believe your child should not have your support?

It's up to YOU to enforce visitation.

The courts will NOT allow you to terminate your rights unless Mom is remarried and has a husband willing to adopt the child.
 
MorgansDaddy said:
No court is going to let you terminate your rights because you don't want to pay support anymore. If she is refusing visitation, you need to file a show cause.

On another note, instead of hijacking a thread, next time, start your own.
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ok my bad for hijacking this thread but to let u know not once did u hear me say I'm doing it to run from child support I have no problem paying it been doing it for 7 yrs but I'm no fool about it why give my money to a mother who dnt give a well u know about are child knowing her fathers side of the family she has two more sisters
 
Proserpina said:
Why do you believe your child should not have your support?

It's up to YOU to enforce visitation.

The courts will NOT allow you to terminate your rights unless Mom is remarried and has a husband willing to adopt the child.
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Been down that road for 6 yrs still nothing they lock her up I see my child for one week then its on repeat I'm just tired of it and yes she is married
 
....again, it's up to YOU to enforce visitation.

Instead you're giving up on your child?

And really Mom is providing a home, food, clothing for your child - why should your child suffer by your lack of support?

Is that really what you want? To deprive your child?
 
Proserpina said:
....again, it's up to YOU to enforce visitation.

Instead you're giving up on your child?

And really Mom is providing a home, food, clothing for your child - why should your child suffer by your lack of support?

Is that really what you want? To deprive your child?
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Deprive how is that when its clear all she wants is for me to pay and she does not work so that house car all that comes from me so in my eyes she wants the joy but dnt want my child to know who her father is so in my eyes I really feel like the system is always for a woman so why put myself threw that pain and enforce visitation like I said been down that road she goes to jail get out things ok for a month ate week then its keep away
 
If your really want to do it, you need to talk to the mother of your child and see if she would be interested in a step-parent adoption, as well as the step-parent. If they are interested, pay for the attorney that mom will need to file the motion, give your consent, and then it shall be done. Maybe not that easy, but not much harder.

I say for you to pay for the attorney because mom shouldn't if it is what you want done, and her and the step-parent will need to be the petitioners. Not to mention, you aren't likely to be paying support after it is done, so you will get you money back through keeping the support money.

Just realize, that child lives off your support according to your own words, and will suffer when that support goes away.
 
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