Q: I have 2 children with a man that I haven't seen in 4 years or heard from in 3 years, can I get his rights taken away?
I have 2 children with a man I was with over 5 years ago (we were never married), since then I have had 2 more kids and gotten married. We have no contact with my 2 oldest children's father and he periodically will pay some child support but still owes us thousands of dollars in back child support. He hasn't reached out about the children in the last 3 years and the last time he contacted me (3 years ago) he asked me to send some of the child support the state collected, back to him to help him get by in which I told him no, he hasn't seen the children in 4 years.
I was wondering what the best course of action would be for my family? Do we apply to have sole physical custody or try to get bio fathers rights taken?
A: You could incorporate a petition to terminate the father's rights with a petition to adopt the two children if that is what your husband desires and the children are on board (if they are old enough to have a say). If your husband is not planning to adopt the children, there really is not a good reason for the Court to terminate your ex's parental rights. The courts do not like to terminate rights unless someone else is planning to adopt or the parent's actions make it clear they should have no contact with their child(ren) whatsoever.
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