Legal Question in Family Law in California
I have a 9 year old daughter who i currently have a custody agreement with her father, he is to see her supervised with his mother every other weekend, and call her 2 times a week, he has been in and out of her life since she was born,in cluding going to jail for years, he is a recovering meth addict and currently has been diagnosed as bi polar and smokes medical marijuana, i have smelled the marijuana in his car at the times of pick up and drop off with my daughter and for the past 3 months he has not called on his scheduled nights to call and for 2 months has disappeared, he has stopped paying child support and has recently re appeared, this is a reacurring cycle with him he has been doing this my daughter s whole life, what i want to know if there is any way i can terminate his rights he does meet some of the criteria for invlountary termination such as severe or chronic abuse or neglect ( negelct- he disappears for months at a time) abandonment ( again the disappearing) mental illness (bi polar) failure to support or maintain contact ( again with the disappearing and not calling on his specifed days and times) my daughter has her own cell phone he knows where she goes to school and lives if he is so interested in her life then why does he come and go when he pleases and still get to have his rights, the choice that he is makong with have a negative impact on her adulthood.... i see in the best interest of her that his right be terminated.... is there a way i can have this done???? please help and forgive my misspelling
THANK YOU
1 Answer from Attorneys
You may have a case for termination of parental rights. You would probably have an easier and quicker time of it, though, by just getting a new custody order for sole legal and physical custody to you with zero visitation, and turn the support issue over to Dept. of Child Support Services.