Custody Question
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Mary

Chicago, IL

#1 Jun 25, 2013
Under what circumstances can you have the father's rights taken away besides issues involving violence or drugs? What length of time is considered abandonment?
I don't need the "independent momma speeches" or "dbag baby daddy stories" please...
seriously

Dover, TN

#2 Jun 25, 2013
Mary wrote:
Under what circumstances can you have the father's rights taken away besides issues involving violence or drugs? What length of time is considered abandonment?
I don't need the "independent momma speeches" or "dbag baby daddy stories" please...
I don't know if there is a time period. I think you just need a good lawyer and you need to go to the court and file a petition.
Mary

Chicago, IL

#3 Jun 25, 2013
Trying to avoid having to use a lawyer if at all possible. I know some do free consultations though. I was just hoping for a little info on it, or maybe somebody who had been through it, to know some legalities before I tried to push for anything.
lmao at you

Rockport, IN

#4 Jun 25, 2013
Why dont you just get in contact with that child's Father and request he give up ALL rights to that child? But remember if you do that then the Father will no longer be responsible for paying child support all he will be responsible for is back child support
Mary

Chicago, IL

#5 Jun 25, 2013
I've asked the father to give up his rights and I got no response. And yes, I know that he would no longer be responsible for child support. Actually, I thought it would wipe the debt all off for him. He doesn't pay anyway. I'm not interested in his money. I want what is best for my kids.
ok

Owensboro, KY

#6 Jun 25, 2013
Mary wrote:
I've asked the father to give up his rights and I got no response. And yes, I know that he would no longer be responsible for child support. Actually, I thought it would wipe the debt all off for him. He doesn't pay anyway. I'm not interested in his money. I want what is best for my kids.
2 years of no contact at all
fact

Chicago, IL

#7 Jun 25, 2013
Mary wrote:
I've asked the father to give up his rights and I got no response. And yes, I know that he would no longer be responsible for child support. Actually, I thought it would wipe the debt all off for him. He doesn't pay anyway. I'm not interested in his money. I want what is best for my kids.
90 days is considered abandonment.
scotty henderson

Hopkinsville, KY

#8 Jun 25, 2013
well our you keeping the baby from the father our has he not tried to be invoved in kids life. thats what relly matters
Mary

Chicago, IL

#9 Jun 25, 2013
I think the 2yrs is way too long. The 90 days sounds right though. At one time, I had heard no contact for 16 days was considered forfeit of rights. But either way, after the amount of time, and if I file the paperwork, does it all go into action or does the father get to make a decision?
the father

Hopkinsville, KY

#10 Jun 25, 2013
I think the father and the courts get to decide that mary not the mother or nobody else
seriously

Dover, TN

#11 Jun 26, 2013
I don't think the father gets to decide but he can definitely defend himself. Ultimately it's the judges decision but you've got to prove that the father doesn't deserve to have his parental rights.

Level 4

Since: Jan 11

Location hidden

#13 Jun 26, 2013
I agree with the above thread. He will still have to pay child support after terminating his rights UNLESS there is someone else to adopt them. And the courts will not allow him to terminate his rights without an adoption set up except in extreme cases. If he has no contact with the child I would just let it go...it will save you court money in the long run. If he starts causing problems then I would consider getting an attorney. Best of luck to you.
Ive tried

Tickfaw, LA

#14 Jun 26, 2013
Mary wrote:
Under what circumstances can you have the father's rights taken away besides issues involving violence or drugs? What length of time is considered abandonment?
I don't need the "independent momma speeches" or "dbag baby daddy stories" please...
In the state of Kentucky, the courts do not see abandonment unless the other parent leaves the state. My ex went almost a year without calling or seeing our child, but when I asked about abandonment they asked if there was someone there willing to adopt. This is because if something were to happen to you and the kids go to maybe foster care, they would seek out the other parent for support. So its basically a waste of time
Jack

Owensboro, KY

#16 Jun 26, 2013
It used to be 5 years of no contact
Pearl

United States

#17 Jun 26, 2013
I call BS on Mary. No one would ever terminate their children's father's parental rights because of the reasons given. She's pissed. She has lost control of when and how her ex parents their children, and she's looking to get even with him and to regain the upper hand.
all wrong-get a lawyer

Chicago, IL

#18 Jun 26, 2013
90 days is abandonment under the statute, but more is required for termination. Laws are free to look up http://www.lrc.ky.gov/krs/625-00/090.pdf That's a link to the termination statute. You will see that you have to prove more than just abandonment (by clear and convincing evidence). Now, when you are finished reading that statute, and realize you don't know what clear and convincing evidence means legally, SEE A LAWYER! Disclaimer: this is not intended to be legal advice and in no way creates any attorney client relationship whatsoever. It is intended for informational purposes only.

Good luck.
sassy

Neenah, WI

#19 Jun 26, 2013
lmao at you wrote:
Why dont you just get in contact with that child's Father and request he give up ALL rights to that child? But remember if you do that then the Father will no longer be responsible for paying child support all he will be responsible for is back child support
That is not true. Father is still response for child support. If the parties agree to no support then the judge may grant it. But that is not all ways the case.
me

Owensboro, KY

#20 Jun 26, 2013
Mary wrote:
I think the 2yrs is way too long. The 90 days sounds right though. At one time, I had heard no contact for 16 days was considered forfeit of rights. But either way, after the amount of time, and if I file the paperwork, does it all go into action or does the father get to make a decision?
16 days, are you crazy?! It is absolutely absurd to think a judge would remove a parents rights for 16 days of no contact!! Trust me, I'm in a position to know. There is no "set time", but most judges won't consider it without a year of non contact. Sorry
Done it

Owensboro, KY

#21 Jun 26, 2013
There are two different things- you can go for a termination of parental rights. That means tht the father is no longer the legal father. His name is removed from the birth certificate. This is very hard and costly if the father fights it. He will no longer owe future child support but is still on the hook for the past support. There are a couple of musts- you must be married for a minimum of 1 year and that person must be willing to adopt. There must be no contact of any kind (including child support) for a period of 1 year (when we did it- may have changed the law). The state normally requires more than abandonment. To use it you normally have to have another reason too. In our case, mom had lost custody of 2 other kids thru CPS (that's one of the reasons for terminating- loss of other children). That with abandonment and 30k past due in child support was enough to get our case heard. Mom protested and we went thru 18 mo and about $20k. Mom finally gave up and voluntarily signed

The other option is just to have dads visitation stopped. Seems dad is already doing this on his own. May be best not to rock the boat. You file to terminate visitation and he may decide to start visiting
wrong

Owensboro, KY

#22 Jun 26, 2013
all wrong-get a lawyer wrote:
90 days is abandonment under the statute, but more is required for termination. Laws are free to look up http://www.lrc.ky.gov/krs/625-00/090.pdf That's a link to the termination statute. You will see that you have to prove more than just abandonment (by clear and convincing evidence). Now, when you are finished reading that statute, and realize you don't know what clear and convincing evidence means legally, SEE A LAWYER! Disclaimer: this is not intended to be legal advice and in no way creates any attorney client relationship whatsoever. It is intended for informational purposes only.
Good luck.
It's not true that 90 days is abandonment. What it says about 90 days is that if the child is abandoned, then the abandonment has to be at least 90 days for it to be grounds for termination. But if you leave your baby with the other parent, that's not abandonment, because it's an arrangement for the other parent to take care of the baby. Abandonment means leaving your baby somewhere, without making arrangements for someone to take care of it.

A father who is paying child support and not doing anything harmful to the baby will never lose parental rights, even if he doesn't see the child for years. It can only happen if he agrees. And the only way to get him to agree is probably to agree that he won't have to pay child support.

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