Legal Question in Family Law in Wisconsin
Terminate Parental Rights
Would like legal information:
Parents divorced, mother has sole custody. Birth father avoiding contact with child, and not paying court ordered child support. Also left the state, lives somewhere in TN. Felony warrant issued.
Mother wants his parental rights terminated.
Custody to remains with mother/Childs grandparents to assume legal responsibility in the event of mother death.
Please let me know of any legal arguments that we could use to have this happen.
Thank you,
2 Answers from Attorneys
Re: Terminate Parental Rights
You need to bring a lawsuit for termination
of parental rights--that's the only way to
eliminate the need to deal with the biological
father. He could be the worst father in
the world and still have his parental rights
protected by the constitution unless they are
terminated. This is a complex legal proceeding
which most folks would not be able to handle on
their own. Courts are unlikely to terminate the
rights and duties of a parent in anything but the
most extreme circumstances, unless an alternate
parent is in the process of an adoption. Courts
do not want to run the risk a creating an orphan
through judicial process if the remaing parent
were to die or become disabled, hence the gravity
of the TPR proceeding.
Re: Terminate Parental Rights
You may do a termination of parental rights case. This way your goals are achieved. You will need a lawyer for this. I don't recommend pro se people to do this. I don't do it. You did not mention the county. In Milwaukee there is a lawyer by the name of Craig Miller 414-332-5020. He is very good and resasonable. If not in Milw. I can put it on the listserve and try to find a lawyer near you.
Good luck!
Atty. E. Romero www.WisconsinForms.com