Legal Question in Family Law in Oregon

Terminating Parental Rights
My wife was awarded custody of her daughter and given a restraining order against the childs father. The father was granted supervised parental visits. After several restraining order violations visitation was revoked. He is currently on probation for criminal mischief II as a result of one of his probation violations, and has been convicted 5 times for various DUII, including a Criminally negligent homicide. He has had no contact with the child since, about 4 years now, and pays no support. I married her about 2 years after her first restraining order and moved them both to California with me.

Do we have grounds to terminate his parental rights so I can adopt the child? Would Oregon retain jurisdiction in the case or can we petition to have juristiction moved to California? If I am able to adopt her, is she still entitled to the past 4 years of non-support?

Asked on 1/30/02, 12:09 am

1 Answer from Attorneys

John A. Giffen Law Offices of John A. Giffen

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Re: Terminating Parental Rights

Yes you have the grounds to terminate the natural father and adopt your step child. The state where you reside would govern the law on termination and adoption. You probably would have to give him notice of the adoption and termination proceedings if you know where he can be found. If he fights the termination, the court will appoint an attorney to represent him and probably another for the childs protection. I dont think he has much chance to stop you based on what you've told me so far. However, it is a slow, difficult process and requires experience and expertise. Please contact me for further information.

John A. Giffen

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Answered on 1/30/02, 3:00 am

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