Legal Question in Family Law in New York
Terminating parental rights - abandonment
I have an order or protection to keep my ex away from me and my kids. He used to call the kids some evenings and not be in violation of the order, but he requested that he now not be allowed to have any contact, not even 3rd party with me or the kids. I have sole custody & he is allowed to access school/medical records. He has not seen or spoken with the kids since July. He has made no attempts to call the school or doctors office. He has refused supervised visitation and court ordered counseling, parent classes, drug treatment, anger managment classes in order to have unsupervised visits. The only support I get is $25 a month that is forced out of his SSD (he has lot of money he simply refuses to include it on income statements, I can't prove it). Can I have his rights terminated? He has broken several court orders including the order of protection. He will be going to jail soon for 3 charges of criminal contempt. Should I wait until he's sentenced and the order of protection expires (9/05) since I am sure he will not exercise his rights then either and then have them terminated? I found lots of cases where orders of protection are no excuse for attempting to see how your kids are doing and refusing any visits, even supervised.
2 Answers from Attorneys
Re: Terminating parental rights - abandonment
Given the circumstances you described, the father appears to have chosen a reasonable way to avoid further conflict w/you; or violating your OPs. To wit: he does not call nor attempt any kind of contact w/ you or... yours. So... why do you want to continue fighting w/him? Especially since, no matter what, you cannot succeed at getting him to comply w/ your ideas about what he should do or be, re your children.
Please note, A non-custodial parent's RIGHT to visit or contact his/her children, is Not a "legal" duty, that can be used by the custodial parent as grounds to "terminate" the non-custodial's parentage. Nor should it be considered as a means of punishing an errant parent.
Good luck,
Phroska L. McAlister,ESQ
Re: Terminating parental rights - abandonment
Your question is confusing, particularly where you write, "but he requested that he now not be allowed to have any contact, not even 3rd party
with me or the kids".
If he has no legal rights to see the children at all, and he is about to go to jail, the only problem identified in the question is: should you renew the order when it expires in September or terminate his parental rights?
My recommendation is to renew the order. Your information that he could have taken courses, anger mgmnt, etc, suggests to me that you feel he and his relationship with the children may have potential in the unforeseen future. That he is less a malicious person and more a troubled person.
The renewal as opposed to termination may offer him some hope towards his rehabilitation and does not create any new rights for him.
Good luck and may your ex find his courage and strength.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
