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

1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
  • Estate Planning Lawyer
  • Marksville, LA
  • Licensed in Louisiana

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.

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