Legal Question in Family Law in Rhode Island

Re: parental rights

Parental rights encompass all a parent's rights with respect to a child as well as all the obligations of that parent to the parent's children. Parental rights are only terminated by the involvement and petition of either the Division of Children, Youth and Families (DCYF) or a licensed child placement agency. Your ex-husband could not sign over this parental rights unless such a petition were filed against him that meets the grounds for the State to terminate the rights of a parent.

The best you could hope for is to go before the family court and request permanent sole custody of your child(ren) and permanent termination of his visitation rights. Since you would be asking for permanent relief you should be prepared to show that your ex-husband's move to Florida is intended to be a permanent move. You would also want to show the minimal nature of your ex-husband's contacts with the child(ren), including any support he paid for the child(ren).

termination of Parental Rights in Rhode Island (RI) by David Slepkow

In Rhode Island (RI) there are two ways that a person's parental rights can be terminated.

1) Rhode Island (RI) Department of Children Youth and Families otherwise known as DCYF can terminate parental rights. However, in your case it is highly unlikely that DCYF would be willing to get involved. The reason for this is that the father is not a threat to the children's safety and well being and the children currently have a stable parent who they live with.

2) You can attempt to terminate his parental rights as part of an adoption proceeding. You should hire a Rhode Island divorce / family law lawyer / attorney to handle the matter for you. In order to terminate his parental rights you would need someone to adopt the child and become the child's legal parent such as a serious boyfriend or a husband.

There are many grounds to terminate a parents rights to a child including failing to pay child support, failing to communicate or visit with a child, abuse to child etc.

In the adoption proceeding, he can voluntarily agree to give up his parental rights or you can seek to terminate them involuntarily.

Please feel free to call me to discuss this matter further.