Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?
I got married October 21, 2007. Then found out I was, surprisingly pregnant, around march 2008! This man was already very controlling and when the baby was born he got worse and started Being verbally abusive and had started to do things that was actually threatening the life of my son and I! After leaving and coming back to him for a while I finally left him for good and got a mutual restraining order against him in the summer of 2010! Since then I have raised my son by myself and the only time I see this man is when he does drive byes! My son is now 8yrs. Old and very happy! He has no idea who this man is and I'd rather it that way cause I dont know what hes capable of! At this time things seem like they've died down enough that I want to try and get a divorce and terminate his parental rights! Is it possible for me to get this divorce quickly and terminate his rights? I am with someone else and want to get married and he wants to adopt my son! My son worships this man
A:
You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be terminated without his consent in the adoption if he has failed to communicate or attempt to communicate with the child without just cause for a period of over 180 days.
Give me a call, and I'll be happy to help.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
