I want to remove the parental rights of my sons father. In 2010 he physically beat me and injured my son during the indecent. He plead guilty to 1 felony count of domestic violence and 1 count of child endangerment. A 10 year no contact restraining order has been put in place as of 10/22/2012. I want to know how I can go about getting his rights striped and change my sons last name. Any info would be great! Ty!
Answer
As hard as it may be for you to believe this right now, and as untrue as it may be in your case, the law believes people can change. It also believes, both philosophically and because it has financial implications for the state, that children should have two parents whenever possible, if for no other reason than to have a second parent for the state to chase for child support either for you or to reimburse the state if you or the child should require public assistance now or in the future. For those reasons, what has happened is not enough by itself to terminate his rights. He has the right, over the next few years, to do his time or probation, get his act together, obtain reunification services from the state, and ask the court to allow him to be reintegrated into his son's life, slowly, step by step. If he makes no efforts in that direction, or if he repeatedly tries and fails to do what the court decides he needs to do to change his act and become a good father, THEN you will be able to petition to have his rights terminated. If you were to remarry and your new husband wanted to adopt your son, that would also expedite the process somewhat, depending on what your ex does between now and then. The bottom line, though, is taking away a dad is forever. The courts don't do that lightly or quickly. They give a person a few years to pull it together before they will even consider it.
Answer
Mr McCormick is on the money
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