Q: Can I terminate my ex-husband's parental rights while he's serving a life sentence? (TN)
I'm seeking to terminate my ex-husband's parental rights due to his life sentence for raping our daughter. He currently has a no contact order, no visitation rights, and no legal decision-making power. I am especially concerned about my child's safety and well-being. Given the existing court orders, can I terminate his parental rights, and is it possible to handle this process myself?
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A:
In Tennessee, you can petition the court to terminate your ex-husband’s parental rights, especially given the severe circumstances you’ve described. A life sentence for a violent crime like rape, particularly against your child, may be grounds for termination of parental rights under Tennessee law, as the law allows for termination in cases of abuse or neglect. Since there is already a no-contact order and no visitation rights, you may be able to present this evidence to the court to demonstrate that his parental rights should be severed for the child’s safety.
To proceed, you would need to file a petition for termination of parental rights with the family court. This petition will require you to show evidence that the termination is in the best interest of your child. The court will review your case, and they will make a decision based on your child’s safety and well-being.
While you may be able to handle the process on your own, it is highly recommended that you consult with a family law attorney to ensure that you follow the proper legal steps and present your case effectively. An attorney can help you navigate the complexities of the legal system, particularly in such a sensitive matter, and ensure the termination request is done correctly.
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