What are my chances getting his rights terminated?

Question

I have a 4 and 3 year old who have only seen their real father 3 or 4 times. He's been in and out of jail the past 4 years and just got out of prison yesterday. I'm not sure what he was in for except it was a Class D felony. I really want to have his rights terminated. He's not on the birth certificate of either child and never sees or asks to see them. He is now living in a homeless shelter. What are my chances of actually getting his right terminated and until then, does he really have any rights since he's not on the birth certificates? Any help would be most appreciated! THANK YOU

Answer 1

He has no rights to be terminated because he is not on the birth certificate. If he does put himself on childsupport the courts will give him a blood test to establish paternity and they will give him rights. However, it should be really easy to fight his rights in court due to his criminal background, especially if it has something to do with violence. And he is homeless that is a disadvantage on his side also. However, he would have to hire an attorney to pursue his rights and the way you discribe him i assume he does not have money to do that. Just don't put him on childsupport and i doubt this will be an issue unless he pursues his rights.

Answer 2

You should get a lawyer, as another responder said. Laws vary from state to state, so take anything *we* say with a grain of salt.

From my experience, it's not all that easy to terminate parental rights, but it is possible. I don't believe his criminal record and his homelessness are the main issues though. To clarify, they are important issues in determining visitation and custody. But when it comes to parental rights -- at least in my neck of the woods -- the main issue is whether he has shown a *genuine* desire to be a dad. That means calling, offering help, showing up for scheduled appointments and visits, and keeping people informed about where the heck he is.

It looks to me like you may have a good case, since the dad hasn't shown much interest at all. As another responder has suggested, pressing him for child support may help persuade him that it's in his best interest to terminate rights.

Regarding your last question, well, you sound pretty sure that he's the biological father, and he can prove it with a DNA test. Of course, you can say, "I'm not sure he's the father," and thus force him to take the test. Personally, I wouldn't want to say that unless it were true, but again, check with a lawyer -- it may be an acceptable legal tactic.

Answer 3

If he's not on the birth certificate, has no visition through the courts, & doesn't pay child support, than you have a really good chance at getting his rights terminated.

Answer 4

Since he is the biological Father of the children he has the exact same rights as you do. He can go to the courts and petition for visitation if he chooses. Until you go to the court and ask them to terminate his rights he can do whatever he chooses with the children. The courts will look at many things when determining the terminaion of parental rights. They do not take it lightly. They will take his criminal background into consideration however, in the eyes of the law he has served his debt to society. They will also take his living conditions into consideration. Since he is currently residing in a homeless shelter they will not grant visitation to him at that location. However, they could very well grant supervised visitation at a secure location. If he has not contacted you regarding the children I would not push my luck. If he has contacted you then you need to contact a lawyer and get the process in motion.

Answer 5

You all are lost.

No court is gonna terminate his rights just because he went to jail or because his ex gf is anxious. You have no grounds whatsoever.

The court will RESERVE HIS RIGHT for if and when ever HE decides to spend time with his children. He exercises those rights, great. He doesn't, then he doesn't. But lacking any good reason (some situation that has ACTUALLY, DIRECTLY affected his two children or other children), no court will just tell him he can't be a father any more.

The birth certificate has NOTHING at all to do with paternity. It's a piece of paper. Women lie as to whose name to put on that piece of paper OFTEN.

Where do women get these ideas??? Television?? I had to have a judge tell my wife (we are separated), "Lady, you don't have the right to 'allow' your husband to do anything with your child. Your husband has the same rights you do. The child is NOT a SOFA."

Answer 6

Get a lawyer even if it the free kind. You can go to court and tell them the situation and let them know everything that you have said and they WILL give you sole custody. I have been through this myself

Answer 7

i think you can say that he is not the father as his name is not on the certificats and if he wants to prove then let him go ahead,, meaning, if you want to be their father then you pay $$$$$ for the dna tests and then when they come in you can pay for all the child support your behind.. that will make him go away,,or get all the paper work in order and let him sign it to have his rights terminated..

Answer 8

does he even know he has kids? if not you must inform him. by the way a class D felony, while being a serous charge is not the worst. people can & do change.