Any mommies going through a custody battle? in need of advice!

Catherine - posted on 09/08/2014 ( 3 moms have responded )




I have an amazing little boy who will be 3 in two weeks. His dad hasn't been in his life for over a year and even before that he was barley there. He has never helped financially with my son, he knows nothing about him and doesn't bother to ask how he is or anything. His dad also has a couple other kids who he doesn't take care of either. I am pregnant with my second child with an amazing man who has been here for me and my son through a lot. My son adores him and looks up to him. His dad home hops he is a bad alcoholic and has a bad temper. I has been told that after a certain amount of time of him not being involved in his life, a judge can terminate his rights without needing him there. Is this true? What do I have to do to get custody? Thank you!!!


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Guest - posted on 09/08/2014




It's not quite that simple.
The only way a judge can terminate parental rights with out the parent who is losing his or her rights permission is for you to prove that the children were abandoned according to state specifications. This is not the same as just "not being around" or "not helping financially." Because the law in the US gives all parents the right to defend themselves against losing their parental rights, you have to go to court and file papers to terminate his rights. Your lawyer (or you) would then have to prove that you made every conceivable effort to notify the father that you are filing for termination of his rights. This usually includes running an ad in area papers for a set amount of time--the time can vary from as little as 6 months up to over 2 years depending on your state's laws, the ad is just a minimum ad in the legal section of the classifieds--and attempting to send papers to all known addresses through certified US mail. Some states require a little more, but that will do it in most states. IF the father fails to respond, or fails to show up in court, the judge can then terminate his rights without his permission or presence.

Basically, he is the father, so you need his permission.

Maria - posted on 09/08/2014




Yes I agree with Dove, the best answer you will get is from an attorney. That is what they are good at and knowing what rights you have, you will be able to take the next step. Having a consultation is free too and there are some attorneys that are willing to have consultation on the phone. Just make sure you have your questions on a piece of paper, this way you won't forget what to ask. I wish you the best of luck.

Dove - posted on 09/08/2014




If you don't have custody... you need to go to court. A lawyer will be able to tell you what you need to do as laws on this vary from state to state and no one knows every single detail of your case.

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