Termination After a Felony Charge Against a Child

[Singlemoma]

My question involves a child custody case from the State of NY, my children's father committed a felony against my oldest, he has been charged and is serving 23 years in prison, however he still retains his rights to be called my children's father. he is the biological father of all of m children . I would like to have his rights terminated but keep getting answers that basically say cps has to do it. is there any form I can print out and ask him to sign in front of the judge? or something. I am going for visitation with some of his relatives in court soon and they are body ordering him to go.
Can anyone please direct me where to go on this, can I ask the court my self?

I already have sole custody.........i would like his rights terminated

Saying I want a motion to terminate his rights...........

[Mr. Knowitall]

You would have the option of petitioning to terminate the father's rights within the context of stepparent adoption.

I am going for visitation with some of his relatives in court soon and they are body ordering him to go.

What does that mean?

[Singlemoma]

His mother is fighting me for visitation, and they are transporting him from the prison he is in just to go to the court dates,
I know about the step parent adoption, I do not see my self getting married anytime soon.
I know foster parents are able to file a petition to terminate a parents rights, I feel in my situation a parent should be given the same opportunity.

I think I am going to have to research how to get that into law.............anywhere on this forum i can got to learn how to do petitions?

[llworking]

You would have the option of petitioning to terminate the father's rights within the context of stepparent adoption.

What does that mean?

Actually this may be one of those exceptions to the general rule. In many states the possibility of terminating parents rights also exist when the parent has committed crimes against one of more of the children.

I would strongly recommend that mom get a consult with a local attorney, and in fact, would recommend that mom do the same regarding the third party visitation case. Mom, you do realize that the third party family members are asking for visitation so that they can faciliate contact between dad and the children, don't you?

[Singlemoma]

I would hope not, the court already has strict regulations against her as she has proven her self a risk through her own actions,
I have talked to attorneys and they all tell me the same thing they don't know how to do it , and they have never had a case like it...........where a parent files to terminate another parents.............only social services or foster parents or step parents, I am trying to find a loop hole,
my attorney says I cannot ask the judge in court myself................nor am i allowed to write him because he wont answer

[Mr. Knowitall]

Actually, provisions allowing a parent to pursue the termination of the other parent's rights outside of stepparent adoption are rare. At least nominally, Texas Family Code Sec. 161.005 creates such a possibility, assuming the petitioner proves by clear and convincing evidence that termination is in the best interest of the child, although as the Texas courts have noted that we're talking about "a rarely used provision of the family code". Further, pursuant to Texas Family Code, Sec. 161.206(C), "Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable access under Chapter 153" - so even if successful it's not going to work as a trump card against the grandparent visitation petition under Family Code Sec. 153.432.

[Singlemoma]

How can I find out If NY state has that code?
I am looking, there has to be a loophole................can I use that Texas case as an example.........tho im in NY.

[Mr. Knowitall]

The closest you're going to find appears to be Social Services Law § 384-b(3)(b), which under narrow circumstances allows "A [termination] proceeding under this section [to] be originated by an authorized agency or by a foster parent authorized to do so pursuant to section one thousand eighty-nine of the family court act or by a relative with care and custody of the child", but would not apply to a child who is not a "destitute or dependent child" but is instead in the custody of the other parent.

The petitioner's argument misconstrues the scope of the statute and misreads the holding of the Courts in Dale P. In order for a child to be subject to an action to commit custody and guardianship under Social Services Law § 384-b, the child must meet the definition of a "destitute or dependent child." (Social Services Law § 384-b [3] [a].) Social Services Law § 371(7) defines a dependent child as "a child who is in the custody of, or wholly or partly maintained by an authorized agency or an institution, society or other organization of charitable, eleemosynary, correctional, or reformatory character."