Q: can i terminate biological mothers rights that has been gone and out of the picture for 15 months and get divorced
A: Whether a termination of rights is appropriate is extremely fact specific. The simple fact that she has not been involved for 15 months alone is typically not going to be enough to move forward on a termination of her parental rights. However, that may give rise to a claim for sole legal and physical custody. You should discuss the specific facts of your case with a family law attorney to determine your options.
Regina Irene Edwards agrees with this answer
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A:
You can file for divorce and ask for custody, but her rights will not be terminated at this time.
--Regina Edwards | www.EdwardsFamilyLaw.com | 770.854.0777
A: This is something that the judge will decided during the course of the divorce. More information is needed regarding the facts of your case. You should consult with an attorney who can review the facts of your case in detail and provide you with direction. -Homer P. Jordan IV, Esq. 404-620-1558
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