Q: Can I have my child's bio mom's rights terminated - she hasn't seen him since birth 4 years ago, and pays no support.
My son's mom signed initial papers to place for adoption when he was born, but never final relinquishment papers (she disappeared on drugs). I was out of state, but said I wanted custody as soon as I was notified of his birth (we are still legally married). After he was in foster care for 10 months, I received custody. She has not seen him since birth, hasn't paid any support, and we don't have contact. In order to receive certain benefits, the state will go after her for child support. I do not wanting her to have contact or visitation with him at all. It's been 4+ years. Can I file to have her rights terminated due to abandonment? How likely is it to have that granted?
A: Usually, termination of parental rights in a case like yours only happens in case of a step-parent adoption. If that is done, her rights probably would be terminated and your spouse could adopt. Otherwise, the court will think there is no reason to terminate.
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