Kamuela, HI asked in Family Law, Child Custody and Child Support for Hawaii

Q: My son's biological father has not see him in 2.5yrs & no $ in 8months, can I get his parental rights terminated?

He has repeatedly refused to visit his son and goes months without talking to him on phone. My son asked him to terminate his rights a couple months ago so my partner could adopt him, but he refused & then stopped communicating for months. What can I do to terminate his rights?

How long does it take?

How much $ will it cost to do that?

1 Lawyer Answer

Robin R. Gregory

Answered
  • Divorce Lawyer
  • Kailua, HI
  • Licensed in Hawaii

A: This is a complex issue and no "one way" to go about accomplishing your goal. Also, I would need to get more information before determining what is the "best" way to proceed. I suggest you retain an attorney and discuss your options. I have seen biological fathers who have no interest in the child, give-up parental rights when faced with paying child support. But that is just one route you could take - possibly under the Uniform Desertion and Non-Support Act (HRS 575-2)

It looks like you may already have a court order for child support? You could try to enforce the support order through CSEA.

Another option is to file a Petition for involuntary termination of parental rights under HRS 571-61(b) [note A is not applicable to your case]

(b) Involuntary termination.

(1) The family courts may terminate the parental rights in respect to any child as to any legal parent:

(A) Who has deserted the child without affording means of identification for a period of at least ninety days;

(B) Who has voluntarily surrendered the care and custody of the child to another for a period of at least two years;

(C) Who, when the child is in the custody of another, has failed to communicate with the child when able to do so for a period of at least one year;

(D) Who, when the child is in the custody of another, has failed to provide for care and support of the child when able to do so for a period of at least one year;

COST: Depends on the expertise of the attorney you choose; the complexity of the case once the attorney is involved; the number of months or years involved; many other factors

HOW LONG: no way to predict it could be months and it could be years. Don't expect anything to be easy or quick.

GOOD LUCK TO YOU.

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