Q: My daughter has sole custody of her daughter. The dad has to have supervised visitation. She will be 9 in October.
She last saw him when she turned 3. There has been no contact what so ever since that day. He only pays child support when he is working, thru DHS. Is she able to terminate his rights?
A: If she has sole legal and physical custody there is very little reason to terminate his rights. If she has a new husband that wants to adopt the minor child, then you can request an AWOC (adoption without consent) hearing where the dad would have to demonstrate that he has made attempts to have a relationship with his minor child for 12 of the last 14 months and that he has financially supported the minor child for 12 of the last 14 months. If not it moves to a "best interest of the child hearing and the Dad's rights are terminated. There are several other issues, but without seeing the custody order, it is difficult to advise.
Pete David Louden agrees with this answer
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