Legal Question in Family Law in New York
How to severe parental rights.
I am a single mother looking for help.My ex threw me out and sued for custody five years ago. It was extremely bitter and hateful mostly on his part as he was controlling and possesive. His parents also have never called at all and shown no interest in our son at all. Eric will be seven in a few months and hs not had a visit from his father in almost three years. Once in a while we will get a phone call from him but nothing more than three or four times during a year. Since he has such a lack of interest I would like to terminate his parental rights. I am more afraid of him taking me to court over and over again based on his lies that I ''Deny'' him than I am about losing child support. I would rather have peace of mind that my child is not used as a pawn then get $25 dollars a week. How would I go about this if we are New Jersey residents for over four years but have to do this in New York due to him living there. Do we have any rights or would my ex just be allowed to exist and still have rights? He does nothing for our son, no phone calls, no birthday cards, no visists at all for three years. Must I really be dating or engaged in order to do this?
1 Answer from Attorneys
Re: How to severe parental rights.
Parental Rights, re a child, cannot be "severed" or terminated by the other parent or the Court, absent good cause.
And, "good cause" usually refers to "active" child abuse and neglect, that makes it unhealthy and unsafe for the child to have contact with the offending parent. It does refer to a non custodial parent's failure or refusal to regularly visit, call or otherwise communicate with the child.
Your dating, engagement or marriage is of no importance to the issue of your child's father's parental rights.
Good luck,
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