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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 05-03-2009, 09:59 AM
annie annie is offline
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Default Father Wants to Terminate Rights
My question involves paternity law for the State of: KY
Ex son-in-law has been wanting to terminate his parental rights for a couple of years; Since he never pays support or shows up for visitation (which TOTALLY sends the children into deep despair), this would probably be best to do. One support worker told their mother it cannot be allowed unless she remarries and a new spouse was willing to adopt the children. The state terminates rights on children, frequently, with no adoptive parent in the wings. CAN he go ahead and successfully terminate his rights, as he wishes, without the mother having to remarry and have adoption papers drawn??? Due to the mother working to support the children without any help from the father (despite court rulings for him to pay or go to jail), she cannot afford an attorney for this issue. Since he doesn't pay on them, he should have the means to pay to have it done, if it's able to be done in KY. The mother hasn't agreed to it in the past, in hopes he'd straighten up and become a father to them, but that doesn't seem to be in the cards. All he's done is sire more children with others and just devastate the above mentioned children with total absence. Not even a card, call, or dime on their birthdays or Christmas.... He also has an extensive history of mental illness and illegal drug use. His current paramour had children removed by CFC prior to having two more, by him. This has been an issue of concern if he did decide to exercise visitation or, Lord forbid, get the two above children in the event of their mother's untimely death. Please advise. Thanks!
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Old 05-03-2009, 10:11 AM
LawResearcherMissy LawResearcherMissy is online now
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Default Re: Father Wants to Terminate Rights
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CAN he go ahead and successfully terminate his rights, as he wishes, without the mother having to remarry and have adoption papers drawn???
No.

The courts will not allow you to just waltz in, say "Hi, I'm irresponsible and lazy and don't want to meet my familial obligations! No more rights to my children, plz!"

Your daughter needs to get in touch with the local CSEA and have the support order enforced.
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Old 05-03-2009, 10:25 AM
annie annie is offline
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Default Re: Father Wants to Terminate Rights
The mother has been in regular contact with CS, and has a good worker assigned. However, the father has evaded being served, being arrested, so many times in the last 3 years. He also experienced uncanny luck with some lenient judges the few times he has been in court. My husband and I try to take up the financial slack with the children, but we're limited on income now, and it's just not right how the father's been able to skirt the system for so long. The mother gets his tax refunds now, but otherwise averages getting about $0-15 PER YEAR in support, total, for the two children. Thanks for your response. I appreciate it.
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