Legal Question in Family Law in Tennessee
Children's mother has little to no contact
I took full custody of my children in July 2000 due my ex's lack of proper parenting, (drugs, living conditions, etc.) She received every other weekend visitation. In the very beginning, she saw them occaisionally. By her own choice, she has not seen them at all since July 2001. She calls a few times a year. In 2004, has been 6/11, 9/15, 10/26. She hasn't actually talked to them on any of these occaisions, because I think dropping in and out of a childs life hurts them more than no contact at all. Last night, on 10/26, I spoke to her and told her why she couldn't talk. She said that she is going to court. Based on past threats, that remains to be seen. She has not bought one Christmas or Birthday present since before 2000. She lives only 15 minutes away, but makes no efforts to see them. I never asked for child support because I don't want her money. My wife and I have been the sole providers for them since 2000. I want to terminate her rights due to abandonment. At this point, my 8 year old daughter doesn't even know what she looks like. Neither her or my 12 year old son EVER mention her. I don't want some rediculous preference toward mothers to have a negative effect of my case. Please let me know what I can do. Thanks
2 Answers from Attorneys
Re: Children's mother has little to no contact
You can file a petition to terminate her parental rights, but it probably won't be approved unless there is a reason for doing so, i.e., your wife wishes to adopt the children.
The definition of "abandonment" is spelled out in the Tennessee statute authorizing the Dept. of Children's Services. It requires no contact from the parent and no support for a period of 6 months. I suspect the phone calls might constitute contact to prevent the statute from being applied.
If I were you, I would prepare the petition to terminate parental rights (I can do this for you for $60. Go to http://riskmgmt.biz/prose.htm ), and then tell the judge every 5 minutes during your oral argument "It is in the children's best interest, and this court is required by Tennessee statute to base its decisions on what is in the best interest of the children."
Mike Guth
Re: Children's mother has little to no contact
You may have grounds to terminate, and an even stronger footing if your wife plans to adopt. Contrary to another posting on this board, I doubt very seriously you are going to get far without legal counsel. Please contact an adoption lawyer in your area to discuss this.
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