trying to revoking the rights of childs father

Alisha - posted on 05/24/2012 ( 6 moms have responded )

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Can i legally have my daughter fathers rights removed for no contact. I left him in oct 2011 he got drunk and thretoned to kill me our daughter and his 2 other daughter i did not file i poice report i just wanted to get away he went to rehab bt didnt finish. He is still drinkin says people we both know. He has not seen our daughter since nov 2011 he has not contacted me or her since dec. and even then he was only mad because he found out i was dating someone. and was mad. She has no idea who her father is now she will be 2 in aug. I have no idea where he is at or anything so in the state of louisiana can i have is rights removed without his consent???

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[deleted account]

In California (all states are different, so you need to check your state) the following rules apply for stripping a parent's rights:



~ No contact with the child for at least 1 year

~ No child support payments for 6 consecutive months prior to filing to strip the absent parent's rights

~ There HAS to be another "parent" figure waiting to adopt the child AND that parent figure HAS to have been legally married to the custodial parent for AT LEAST one year.



Like I said, though, check with your state's laws since each state makes their own child custody laws and they are therefore all different. Also, I would highly recommend talking to a lawyer about it. Even if you can't afford a lawyer there are still options. My husband and I used a company that has lawyers type up the paperwork for you and then you represent yourself in court (way cheaper) or you can look into legal aid (there should be information about it in your local family court building).



As for the part where you don't know where he is, you will have to show that you at least tried to serve him, and in most cases if you don't know where he is then the courts will allow you to put a legal notice for him to appear in the paper (in Cali I believe you have to have it run at least 3 times in 2 different papers). You just have to make sure the paper is local to where you last knew the other parent lived (for example, if you knew what city in Luoisiana he last lived in then you would run the ad in that city's paper). But, once again, that would be something to talk to a lawyer about and/or check with your local family court, because that's the law in Cali and I'm not sure if it's the same where you are.



Good luck! It's not an easy process to sever a parent's rights, but if you don't even know where he is then it should simplify things. Hopefully he stays out of the picture and you can wait the required time and get it done :)

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Alisha - posted on 05/28/2012

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Its been 7months since all that happened i dont think thats gona hold up in court. I jst not dont him to be able to come and go from her life or hurt her Phyiscly or emotionaly. And my boyfriend who i plan to marry want to abopt her. so far all i have found out is that he pritty much has to sign his rights over ether way and go to court. And he doesnt want to look by to his mom so i know he will never do that and idk where he is at all. ive seen his other kids in town bt thy are always with the grandmother (who also isnt in my daughter life at all)

[deleted account]

Go after him being an unfit father and if he is a drunkard and so forth and has anger issues. You probably can go after him of being unfit and have his rights taken away. If he threatened your life and daughter...you could have contacted social service and filed a report and had full custody. He would have had a child abuse and wife abuse record and his rights could revoked.

~♥Little Miss - posted on 05/25/2012

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I don't think so. That is giving up his parental rights, making him legally not the father. I think he needs to sign for that, but contact a lawyer for a free consultation on the matter. If you have a case, they will let you know. But either way, you can figure out legalities of what you are obligated to do regarding custody.

Jacquelyne - posted on 05/24/2012

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im in texas and ive heard that after 2 years without any suport or contact you can go and try to have his rights revoked without his permission. Im trying to do the same thing about my sons bio dad! good luc

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