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my husband had his parental rights to his son terminated last year, and we're expecting a baby in a couple months...

2007-12-12 09:24:48 · 5 answers · asked by Ember Halo 6 in Politics & Government Law & Ethics

i was told if i put him on the birth certificate, they will take my baby!!

2007-12-12 09:31:04 · update #1

from what i understand, his rights were terminated because he could not pay child support & did not have a home of his own for a while.

that's what he told me.

2007-12-12 11:32:09 · update #2

5 answers

Try these links:

http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-oregon/article/8643/1.html

http://www.osbar.org/public/legalinfo/1141.htm

I really don't think that they could take the child. They may take away the father's rights, but they would definately not take the child away from the mother as long as she is not in violation of any of the reasons they can take the child away from a parent.

2007-12-12 09:29:17 · answer #1 · answered by Anonymous · 4 0

No it's not 'always' true, but depending on "why" his rights were terminated CPS *may* well want to be involved.

For example, if he voluntarily agreed to the termination of his rights to a child so that the child's step-father could adopt him, CPS will probably not care about the new baby.

If, on the other extreme, he lost them after a conviction for abusing an infant, you can expect that CPS is going to be all over you like white on rice, and may even insist on things like parenting classes, or even that he not be left unsupervised with the baby.

It's all very fact specific.

Richard

2007-12-12 09:33:59 · answer #2 · answered by rickinnocal 7 · 4 0

No, for several reasons. For one, he had his rights terminated, but you did not. They can not take your child without terminating your rights. Even if that was not the case, they would have to get a court to terminate the rights to the new child as the court has not ruled.

That being said, if the condition that led to the termination of his parental rights still exists and you allow your child to remain in that situation the court could terminate both of your rights. That of course would depend on what caused the original issue.

2007-12-12 09:31:14 · answer #3 · answered by davidmi711 7 · 5 0

If the state has terminated your husbands right due to some criminal or other behavior, they will take any children he has in the future.

You, as the mother, will have 2 choices.....move away from the father - or - your baby will be removed from the home.

A state doesn't terminate a fathers rights unless the father has done something terribly criminal against the child.....would you want him around your own baby?

Use your head, woman, leave the bum.

2007-12-12 10:42:24 · answer #4 · answered by Anonymous · 0 0

No, not true.

2007-12-12 09:27:46 · answer #5 · answered by A W 5 · 2 0

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