I actually read something once, where if you do not get his parental rights terminated, but you have reason to believe she would not be in a loving, safe environment, you could try to have it put in some kind of legal form, kind of like a will, (but not a will, I can't remember what it is called, sorry) of, if you die, you absolutely do not want her to go to ---, you'd rather --- get custody of her, and if for some reason they can't take her, or if something should happen to them, then you'd like --- to take her; and these are the reasons: And then you document every single thing this person has done to show that they would not be a good person to be entrusted with your child, including times, dates, incidences, etc. I know I didn't word this very well, it's kind of hard to explain, but I hope you understand and can figure it out. And see a lawyer to make sure you did this legally. And if you can't afford the lawyer, at least get it notarized by a notary. I hope this helps. Good luck.
I keep hearing about how hard it is to prove someone an unfit parent, but my husband took his ex to court to have her rights terminated. It was so easy it was scary. The lawyer told her, "Now we have proof that you do this, this, and this. We can go in there and let everyone hear all your dirty laundry, or you can just agree to sign the child over without us having to go through all that. Point out that the police may check into this, and then him and his gf would end up in jail, so it is better on his part just to sign her away quietly and willingly, and yeah, judging from the way you described him, I think he'd go for not having to pay support. It may also help if you point out that if there is support ordered, and he gets behind by a certain amount, it's a felony he'll go to prison for. (IF you can get the prosecutor to prosecute, but don't mention that part.
2006-09-08 10:00:01
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answer #1
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answered by ANGELa 3
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About the only way you can do this is to ask the ex to sign them over. In his circumstances, a court will consider that a valid reason, especially if someone else wants to adopt her. It may help to "sweeten" the deal for him by explaining how much better off he'd be without the financial obligation. I know that sounds horrible, but judging his character, it sounds like something he would go for.
If he refuses, you could always move to another state. Live there for six months and then file a motion to have his parental rights terminated. As long as you provide proof to a judge that he's was notified of the hearing and he doesn't show, your request will more than likely be granted.
And if that's not an option, then I'm sorry to say honey, that this man is going to remain her father. You may not like him, it may not be the best thing for her, but the reality is, that he is the sperm donor. There is a saying "Anyone can be a father, but it takes someone really special to be a daddy". Live by it. Before you know it, your daughter will be grown and will see for herself what a jerk the ex was and be glad she did have a "daddy" in her life who loved her like she deserved to be loved.
2006-09-08 04:20:52
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answer #2
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answered by Hollynfaith 6
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I stay in Texas, and my husband and that i merely consulted a lawyer approximately this precise comparable element. My Ex has no longer had any touch with my daughter because 12-05. We, such as you, do no longer understand the place he's or something. So, the lawyer mentioned that she has to place up it contained in the paper, and if he does not answer the advert, his rights are immediately terminated. In Texas, in case you have had no touch or help in 2 years, the state can terminate your parental rights devoid of even notifing you.
2016-09-30 11:31:14
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answer #3
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answered by elidia 4
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your best bet is to contact a lawyer. They can help you. If you can prove that he is all the things you said than there should be no problem In the state if MS, if someone goes a full year without seeing or even calling their kids they can have parental rights taken. It sounds as though you have a strong case. Some lawyers do free consultations. Look into it and best of luck
2006-09-08 04:15:42
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answer #4
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answered by Tia Dalma 2
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You need to get a lawyer and file for permanent and full legal custody of the child. The court will take her away from him only if your current husband agrees to sign adoption papers. If you can prove that all of the above is true, than there isn't a doubt that it won't happen.
2006-09-08 04:15:22
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answer #5
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answered by Jen 2
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You can ask him to give up parental rights because he doesn't do anything. You may be able to call the local courts or child support enforcement offices and ask for more information about this issue.
Good Luck and I've seen a lot of women going thru something similar to what you are....
2006-09-08 04:13:54
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answer #6
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answered by miss_lady6980 3
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To get the best answer, see your lawyer. You will have to go through the court systems. You may be in for a long fight, but go for it. HAve no use for a man that can make kids and then not pay for them.
Have an ex-son-in law that did this. well today kids are grown and have nothing to do with him and he wonders why.
go for it ,
2006-09-08 04:15:43
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answer #7
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answered by apostle1938 4
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You need to start documenting everything good and bad. Once you have it documented take him back to court. The other option is to ask him if he will willingly give them up. Tell him that way he will no longer have to pay child support - use the money thing that might work.
2006-09-08 04:14:52
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answer #8
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answered by middle aged and love it 3
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You will need to take this to court ... or talk to him about signing over his parental rights.
Hugs from a Loving Mom to a Brilliant, as well as beautiful 8 year old Jared and Our Angel, Zachary (taken to soon but who will always remain in our heart) ~ Mel
2006-09-08 04:13:57
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answer #9
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answered by jaredsmommy2004 6
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GO FIGHT THIS THING IN COURT GET ALL THE EVIDENCE YOU CAN ON THE EX TAKE IT TO COURT AND SHOW THEM HOW HE IS A DEAD BEAT FATHER THE ONLY WAY HE CAN REFUSE TO SIGN OVER HIS RIGHTS IS IF HE PAYS CHILD SUPPORT AND HE DOESNT SO WHEN YOU TAKE ALL THE EVIDENCE IN TO COURT TELL THEM YOU WANT HIS RIGHTS TERMINATED AND THEY WILL HAVE A HEARING AND RULE IN YOUR FAVOR BC THEY SEE AND HEAR ALL THIS THEN THEY WILL NO DOUBT GIVE YOU WHAT YOU WANT .
2006-09-08 04:17:58
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answer #10
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answered by Anonymous
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