Legal Question in Family Law in Montana

Termination of Fathers Rights/Obligations

I divorced my husband after 5 years due to his

physical, mental, and sexual abuse. I fled to MT from

WA only to have the judge order me back to WA so as

not to "disrupt" his relationship with the kids. (Age

5 and 1). Petitioned court 7 months later to move,

granted, he was awarded visitation. He was convicted

by jury the next month in our DV case- sentenced to 7

days & $800 fine. Never showed up for jail- during

the time he was supposed to be in jail, arrested for

burglary and rape. Pled guilty to Burglary 1st, and

Rape 2nd- sentencing in two weeks. He will get at

least 3 years. I would like to terminate his parental

rights/obligations. He has not paid cs since the

divorce,(final in 11/99). He has not had contact with

kids since April. I don't care about cs, I want my

kids to grow up to be happy and healthy, he and his

family are sick warped people. (His parents are

telling the community that HE was the one raped, that

he was "framed", they have always defended his

actions.) He has 5 children by 4 women, Oldest in

psychiatric hospital due to abuse by him. What are my

chances of keeping him away? Tha


Asked on 10/17/00, 10:37 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Termination of Fathers Rights/Obligations

The involutary termination of parental rights under the circumstances you describe may be difficult. His wrongs toward others do not necessarily make him an unfit father.

You need the advice of an experienced domestic relations attorney in your area. Contact your local bar association for references.

Read more
Answered on 11/15/00, 10:21 am


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