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Removal of Parental Rights

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  • 11-23-2010, 08:31 PM
    toyja
    Removal of Parental Rights
    Hi I am new to the forum. I have been a single mom for a while and need to know how I go about having my childrens biological father's rights removed. He doesnt pay child support. Th support unit claims they cant find him. He hasnt seen them in 5 years and has made no attemps to contact them. I was told recently he moved to Tennesse. Would that affect having his rights removed?
  • 11-23-2010, 08:39 PM
    Dogmatique
    Re: Removal of Parental Right
    Where are YOU located?

    It matters. Most states will not allow the termination of parental rights unless there is a stepparent adoption also taking place.
  • 11-23-2010, 08:40 PM
    toyja
    Re: Removal of Parental Right
    I live in New York state
  • 11-26-2010, 08:07 PM
    concernedauntla
    Re: Removal of Parental Right
    I am located in Louisiana. My niece is located in Texas. My brother divorced about 1 1/2 yrs ago. The situation was not a good one. He went to a hospital for mental issues. Issues, I feel were do to the bad marraige. Three kids live with my ex-sister-in-law (their mother) who will not allow kids to see their father. He lives in LA now and she will not let them come visit. Ex-sister-in-law has allowed boyfriend to move in. No job, no car, man is an alcoholic. 16 yr old niece and boyfriend always in conflict and fighting. He has come close to hitting her. My concern is her safety. Can she petition (herself) for emancipation and come live with either myself or her father. My brother (her dad) is doing well and would like to have her come live with him. Problem is the mother probably won't allow it. Situation is not safe or healthy. Is there any legal grounds my niece can get herself removed from the home through emancipation law and request to live with her father or myself?
  • 11-26-2010, 08:13 PM
    Dogmatique
    Re: Removal of Parental Right
    Quote:

    Quoting concernedauntla
    View Post
    I am located in Louisiana. My niece is located in Texas. My brother divorced about 1 1/2 yrs ago. The situation was not a good one. He went to a hospital for mental issues. Issues, I feel were do to the bad marraige. Three kids live with my ex-sister-in-law (their mother) who will not allow kids to see their father. He lives in LA now and she will not let them come visit. Ex-sister-in-law has allowed boyfriend to move in. No job, no car, man is an alcoholic. 16 yr old niece and boyfriend always in conflict and fighting. He has come close to hitting her. My concern is her safety. Can she petition (herself) for emancipation and come live with either myself or her father. My brother (her dad) is doing well and would like to have her come live with him. Problem is the mother probably won't allow it. Situation is not safe or healthy. Is there any legal grounds my niece can get herself removed from the home through emancipation law and request to live with her father or myself?



    Not happening.

    Kiddo isn't moving anywhere unless her Mom allows her to. If she is in danger, she can call 911 and/or CPS herself, or report the situation to her school counselors.

    Dad could also petition the courts for custody. If he has court-ordered visitation, and Mom is not allowing the visitation, he needs to start taking her to court for contempt.

    Emancipation is NOT for teens who aren't happy at home; other than the Miley Cyruses of the world, it's meant for teens who - through no fault of their own - find themselves needing the legal ability to sign a lease, enter into contracts, get the utilities put in their name etc.

    Your niece would not qualify under any State's emancipation statute.
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