Legal Question in Family Law in New York
Parental rights termination
My daughters father has been incarcerated since she was a fetus. He currently filed a filiation for parental rights in jail. I dont want him around my daughter. He killed someone, he physically abused me throughout my pregnancy with her, and has done drugs and alcohol. How can i get his parental rights terminated?
2 Answers from Attorneys
Re: Parental rights termination
File a petition to terminate his rights as parent.
How old is the child?
Have you allowed the child to have contact with the father while he was in prison?
Sincerely,
Patrica Martin-Gibbons
Re: Parental rights termination
I read Ms. Wooten's response.
If he is filing a petition for filiation, this means that legally his not the father. Therefore, you cannot file a petition to terminate his parental rights because, presently, he has no parental rights.
Ms. Wooten does ask some relevent questions. In particular, how old is the child? What is the relationship of the child with the incarcerated individual. And, does the child have a relationship with another man that acts as her father. These answers will determine whether the incarcerated individual would be entitled to establish paternity.
Mike.
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