Question:
My ex-wife left me and my kids last year and I would like to terminate her parental rights. She provides no support for our two children and is not a good mother.
What is the process for ending her parental rights?
Answer:
While I am not licensed to practice law in your state and cannot give you legal advice, I can give some general observations on this issue based on the jurisdiction where I practice.
Terminating parental rights is an extreme action that is very hard to accomplish. The courts do all they can to both preserve a parental bond, and to keep a parent in a position to be responsible to pay child support.
It will be in your favor if your ex-spouse has made no effort to see the children since she left, and does not contest your efforts to terminate the parental rights.
If she is maintaining visitation, then there will likely need to be clear proof of danger to the children’s well-being to have any hope of termination of parental rights. A lack of financial responsibility isn’t going to be enough.
You do not state that there is an order in place for her to pay child support in the first place. If there is not, then the state does not have a basis to pursue her for non-payment of the same.
Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nebraska divorce lawyer Nancy Shannon, contact Cordell & Cordell.
My ex husband hasn’t came to see his kids in 4 months. He lives 5hrs away. I’m in tn. Could his rights be taken away?