Legal Question in Family Law in Iowa

Rights

I was wondering if a father has not been consistant at paying child support, legal issues, and not seen him son in 4 years if I have the right to terminate his right? I have a significant other who wants to adopt him and his father will not sign over rights.


Asked on 4/14/09, 7:47 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Rights

Thank you for the post.

A court can Terminate Parental Rights when it is in the best interests of the child. Some factors that are listed in statute appear to apply to your case and include terminations of Parental rights when:

(1) that the parent has abandoned the child;

that the parent has substantially, continuously, or repeatedly refused or neglected to comply with the duties imposed upon that parent by the parent and child relationship, including but not limited to providing the child with necessary food, clothing, shelter, education, and other care and control necessary for the child's physical, mental, or emotional health and development, if the parent is physically and financially able, and either reasonable efforts by the social services agency have failed to correct the conditions that formed the basis of the petition or reasonable efforts would be futile and therefore unreasonable;

(2) that a parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has continuously failed to do so without good cause. This clause shall not be construed to state a grounds for termination of parental rights of a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support of the child or aid in the child's birth.

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Answered on 4/14/09, 11:36 pm


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