Q: Could I file abandonment charges and get my ex husbands parental rights removed while he’s in jail?
He is ordered child support and had not been paying that for sometime before going to jail for drug and theft charges.
A: Terminating a parent's rights is very difficult. Whether you can be successful in doing it depends on a number of factors - I need more information.
A: You can file for abandonment, but if he is in jail then he cannot pay. Terminating rights involves a court finding that he is an unfit parent, a very high burden to overcome. Obtaining such a finding will be expensive and if successful would terminate his obligation to pay child support.
A: You may want to think hard about the termination of rights. Because if you do that then he will not be responsible for any more child support. In addition, if you want his rights terminated/ceased, there is an option in which he can sign his rights away.
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