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How long he can claim parental rights before they can be terminated?

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  • How long he can claim parental rights before they can be terminated?

    My child is due in April. The father became very physically and mentally abusive over the past few months. I pressed charges, theres is now a warrant for his arrest, and I have a ppo against him. I believe he took off out of state to avoid being arrested.

    My lawyer wants me to take care of custody/child support/parenting time now, while the charges are present, he says I could probably get full legal and physical custody of the baby. I dont need this guys money, I dont trust him with my baby and just want him out of our lives. So I guess Im trying to figure out what my best options are.

    Ive thought of all possible situations, and Ive decided, since hes running because of the warrant, he probably wont show up to a custody/parenting time hearing. If he refuses to show for it, is it possible to terminate his rights without him there? Abandonment maybe? And if it is possible, how long will the judge actually give him to show up to claim parental rights before they can be terminated?

  • #2
    re: How long he can claim parental rights before they can be terminated?

    You normally cannot terminate his rights completely but you can get everything you ask for in terms of custody and visitation, and child support, if he fails to show. He will default and lose on all points, unless and until he comes back to appear in front of the court seeking a change of the order.

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    • #3
      re: How long he can claim parental rights before they can be terminated?

      Originally posted by Unregistered View Post
      My child is due in April. The father became very physically and mentally abusive over the past few months. I pressed charges, theres is now a warrant for his arrest, and I have a ppo against him. I believe he took off out of state to avoid being arrested.

      My lawyer wants me to take care of custody/child support/parenting time now, while the charges are present, he says I could probably get full legal and physical custody of the baby. I dont need this guys money, I dont trust him with my baby and just want him out of our lives. So I guess Im trying to figure out what my best options are.

      Ive thought of all possible situations, and Ive decided, since hes running because of the warrant, he probably wont show up to a custody/parenting time hearing. If he refuses to show for it, is it possible to terminate his rights without him there? Abandonment maybe? And if it is possible, how long will the judge actually give him to show up to claim parental rights before they can be terminated?
      if he is that bad, then why did you sleep with and concieve a child with him? like it or not, you are stuck with this man as your child's father for the next 18 years. unless you have a husband willing to adopt, you cannot terminate his rights, and unless he si a danger to the child, he WILL get some sort of visitation. you might as well accept that fact.

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      • #4
        re: How long he can claim parental rights before they can be terminated?

        Originally posted by missingmyhubby View Post
        if he is that bad, then why did you sleep with and concieve a child with him? like it or not, you are stuck with this man as your child's father for the next 18 years. unless you have a husband willing to adopt, you cannot terminate his rights, and unless he si a danger to the child, he WILL get some sort of visitation. you might as well accept that fact.

        First thing she said was "over the last couple months he's turned abusive.."

        She didn't ask you to bash the choices she made in who she slept with, awfully judgemental you must be super perfect eh?

        And no chances are the ONLY visitation he has ANY Chance of getting is supervised, especially if hes running from a warrant. And if he is in jail, you can have his rights completely removed from him.

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        • #5
          re: How long he can claim parental rights before they can be terminated?

          jail does not mean the father can be cut out forever normally

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          • #6
            re: How long he can claim parental rights before they can be terminated?

            "MissingMyHubbY" you don't have to sit here and bash people. Seems your hubby might have run away since you're missing him so much. Maybe your rude, crass, and critical nature may be the cause of that. And a "husband willing to adopt" does not terminate a father's rights. You don't just replace one father with another. It doesn't work that way. An adoption doesn't cancel out a father's rights. A "husband" can't adopt a child who already has two parents legally.

            Don't listen to "MissingMyHubby" she's just a bitter hag. Her "hubby" is probably with his mistress while she's sitting online eating a tub of icecream taking out her anger on innocent people.

            Anyway, to the point..

            If he has been physically and mentally abusive to you and you have documentation of the abuse, you may be able to prove that he is unfit to parent the child due to his violent behavior. Also, if he is in jail that may support the fact that he is unfit. Quite frankly, he sounds like a nightmare and I am sorry that you must feel very troubled by this situation. Follow your heart, do what you can for your child. Try to find free legal aid services if you cannot afford a good attorney, but definitely try to get one. Best wishes.

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            • #7
              re: How long he can claim parental rights before they can be terminated?

              While she was definately rude...that may have been a little harsh. She could be married for a second time and have a husband deployed to Iraq. Or maybe he passed away.

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              • #8
                re: How long he can claim parental rights before they can be terminated?

                Originally posted by Gbyte View Post
                While she was definately rude...that may have been a little harsh.
                ...and more than a little late.
                I don't understand these fly-by posters who dredge up threads that are more than a year old.
                Clueless.

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                • #9
                  re: How long he can claim parental rights before they can be terminated?

                  Originally posted by tbyte View Post
                  ...and more than a little late.
                  I don't understand these fly-by posters who dredge up threads that are more than a year old.
                  Clueless.
                  Because they are likely searching for help themselves, don't see the date are likely in the same situation and the forum asks you to search before posting. It's an honest mistake. It's an emotional subject.

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