Severing Parental Rights

Nancy - posted on 12/14/2012

we're going to court today in fact over this whole matter.The social worker who did the case study is strongly recommending the severence and that he pay child support and that Michelle get sole custody of Reilly.He was so uncooperative with this whole thing and I have plenty of videos.We gave her tons of evidence and he didn't do anything.I'm keeping my fingers crossed and praying that this is the end of all this.Reilly has to have a mental health evaluation because of the way he reacts to his father.It's also been recommended that if his father wants to see him it be in a theraputic setting under supervision.John feels that he doesn't need parenting classes and offended that such a suggestion was even made.I'm praying that all this goes well.Thank You very much for your concern.Hopefully I'll have something good to write.I'm very nervous for her.I never had to do anything like this with my kids father because he just chose not to be there.

Bev - posted on 12/14/2012

If you severe rights he will not have to pay child support - all rights including the right to support the kids. He probably won't pay it anyway. I did this years ago and it is a difficult process. Look at your state child protective services website to see what is required for them to severe rights as that is what you have to do. My kids never blamed me even when we were told he passed some years ago....they are so sad they never knew him but understand totally why I did it. Please let me know if you want more information and good luck to you.

Nancy - posted on 12/01/2012

I never thought of severing rights because at the time I was just trying to get him to help support the kids.I also live in Arizona.Its taken me 25 years to start getting any child support and thats because he got disability.I've got so many court orders the pile is probably an inch thick.If he's shown no interest in the child for so long,then he'll probably continue to show no interest.My daughter is in the process of trying to sever my grandsons father's rights.We printed out the forms,filled them out and took them down to juvenile court.We had to have 3 copies.The original then 2 additional.There was no charge and then he has to be served.She gave him the papers and made him sign a statement saying that he recieved them and he understood what it was for.We had to hire someone to do a home study and she interviewed us and my son and daughter-in-law.We were then allowed 3 people to write 1 page letters as to why they felt Reilly would be better offwith Michelle and not John.We had to set up a visitation schedule and actually kept a journal.He's already missed 3 consecutive visits.He hasn't returned any of our providers calls,only one of the people he chose to be interviewed showed up.He's basically hung himself.He's been a father of convenience.My kids father used to threaten me with taking them away from me and I used to be so scared that he would cause trouble,but I didnt have to worry.He was just blowing smoke.He was thrown in jail for contempt,he was more interested in his drinking and partying and drugs.With his track record,if Randy had tried for anything,I would have requested court supervised visitation.There's all sorts of things that can be set up and the court usually will help the mother especially when the father has such a track record. You can actually go online and find his records and print them out.Thats what I did in my daughters case.I managed to pretty much discredit his witnesses statements from what I found. I wish you luck.I'm sorry this was so long,But it basically spans 2 generations.If he decides suddenly to fight,don't back down.Keep going.I've had to be there for both of my kids and fought for them,too.It can be done.Don't give up.I didnt even when I wanted to.Never give up.

Melissa - posted on 08/21/2011

thye may order supervised visitation......i was told by a youg girl (24-ish) when i was considering req. term. of parental rights for my son and the Bio dad thta wasnt my decision to make and it would be wrong and painful 4 my son later - her mom and dad severed parental rights when she was young - around the age my son was at the time - makes you think? its hard but ultimately you liked him enough to make a baby.....now you have to work it out.....he was fit to be a father the day his swimmer met your little egg....however. a responsible parent is definately not his strong point on the list. reLAX. BREATHE . AND think only of you baby.......and it will all work out in the end.

Kristina - posted on 05/14/2010

Actually custody/visitation and support are mutually exclusive. He will always have to pay child support unless he has him half time and you have him the other half (that's the new trend now). But getting sole custody is not as easy as it obviously should be. The court favor the child having both parents, maybe you'll get final decision making, unless he agrees to sole legal custody. If he doesn't, and you go to trial, it's up to the judge. And don't think you're in the clear, you're life will be under scrutiny, etc...

Kristina - posted on 05/14/2010

That just sucks, there's just no other way to really put it. I can tell you that if it's at all possible for you to do it alone? Do it! I was advised by some high priced lawyers that if I didn't file for support, I'd likely not have the problems I do now. The key is, do you have some tangible, hard evidence to prove in a court, sided towards a father's rights more than anything, that he is an unfit father? And how long will that last? If he enters a rehab for 30 days and proves he's on the up and up (e.g. Sober, has a job, car...) he can refile for an amendment and begin visitation immediately. The other thing, is that you have up until your child is 18 years old to file for support, and if you get a good lawyer, file for back support. Lastly, with his inconsistentcy and irresponsibility, does he have a job...on the books? Cause if he doesn't, he doesn't have to pay you more than $25/ week...so is it worth it? I mean if he works on wall street and makes $200k, maybe, but again, if you can do it alone? Do. My 20 month old was awarded to his father twice a week and every other weekend even though he was absent until he was 15 months old, and to boot, I don't have a right to know if he has a room, who will be around, or where they go. The court is brutal, so be careful.

Bev - posted on 05/06/2010

Terminating rights is also terminating responsibility - I had them terminated to both my kids. As for support - do you really think he will pay it? statistics are that he will not. If he is homeless there is not much even the court can do except order supervised visitation. Another thing to remember is even if he does not pay support he has the right to see his child - period. One has nothing to do with the other legally. Be prepared with all your documentation and to ask the court via your attorney for what you feel is best for the child. Good luck!

Anissa - posted on 05/05/2010

I've been researching to severe my ex's rights. If you do get them severed then you will not get any child support from him. You will legally be the child's sole parent.
however if you do want to continue receiving child support you can file for sole custody of the child, but remember he can always try to "turn his life around" and try again for visitation or sole custody of the child. Many states do side with the mother regarding sole custody or being the primary caregiver in joint custody cases.
Good Luck!

Dene - posted on 05/05/2010

As for the steps to severing his rights, you should be able to call the Juvenile court in your state & ask the clerk what you need to do. There should also be lawyers, which the court clerk should have the toll free number, where you can pay like $50.00 for a 30 min consultation, at which time, you can ask that lawyer what would be the likely hood of your ex getting unsupervised visits, given all of his offenses. I know you said he drove on the wrong side of the street w/ your son in the car, but to be honest, most courts will not deny visitation for one offense, especially if it wasn't purposely done to harm the child. If there is proof of physical abuse, I'm certain the courts will not give him visitation. If you file for full physical custody, you give up the right to any support on any level from him. What you need to do for your peace of mine, is file for primary physical custody. This allows your child to live w/ you, gives you the final say on what happens to your child, still allows you to get child support from him, & get help w/ medical/dental bills, & possibly money for college. If you don't have custody established, he has just as much right to your child as you do. If your ex was to take your child, there wouldn't be much you can do. I had to speak to a police officer in the domestic division for a friend of mine who feared her ex snatching their baby. The police officer stated that the father had the same rights as the mother, if no custody was established! Don't let fear stop you from petitioning the courts for child support, because that is your child's right!!!!

Kekua - posted on 05/05/2010

severing rights = severing responsibility. he will no longer owe child support. so maybe he won't fight you.

Maureen - posted on 05/04/2010

Sounds like he's just trying to rattle you a bit. But he is responsible to provide for this child. If he's not financially able at the moment, then as soon as he is. You have more than enough documentation including your mother's eye witness account of his behaviour. This should make your case for either no visitation or only under supervision. I doubt he'll follow through with it.

Shelby - posted on 05/02/2010

the way i understand it, severing parental rights also severs parental responsibility (ie, child support). the way to do this would be see a lawyer, asap. and document everything he has done. you may be able to terminate any visitation rights--which would not terminate child support.

good luck. i want to terminate my daughter's 'father's' rights also, but here i have to wait for 2 years of no contact, no support, and no effort on his part before even terminating his supervised visitation

Kristene - posted on 05/01/2010

I live in AZ too and know they REALLY worry for the childs safety. is CPS involved, or will they be cause he poses a threat. But they also try to give the parents every chance, they will most likely grant you full custody with limited or supervised visits. and I know AZ is big on child support but if they take his parental rights away i don't think you'll be given any. good luck!

Stephanie - posted on 04/29/2010

HI, I completely understand what you are going through, unfortunate the judge i had granted visitation right but under my supervision, but like my lawyer said go with the flow he'll want to act like a father but then he will stop seeing the child....he is so right!!! if anything being a felon can have rights taken away too.

Barbora Milena - posted on 04/29/2010

Hi, I understand you are worried...Your ex-partner sounds like a person with several serious and dangerous habits, so make sure the court will get to know about them, which should not be difficult as he has been in jail... I dont think they would give him a visitation rights and put your baby to a danger... Just show that you are the only one taking care of your child in all ways and Im sure you will be fine...Good luck and dont stress yourself, your baby needs a happy mama!!