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Can I still request TPR for the father who is out of jail and accepted a plea of aggravated child abuse but had molested his son

Miami, FL |

Father does not pay child support unless there is a court date. he has no steady job and also molested his stepdaughter and physically abused his stepsons. he did not go to trial on any of these charges because he accepted the plea offer. he did not have to register as a sex offender but he still has to go to MDSO for sex offender classes and he is not allowed to be alone with children unsupervised. He has not seen his son since he was 4 and my son is now 10.

Attorney Answers 3

  1. If he is not in your son's life you may want to wait until he files an action to enforce the time sharing agreement as the dependency court's goal is reunification (ie rehabilitating the parent so that a meaningful relationship with the child may be fostered).

  2. You might want the court to appoint a guardian ad litem. I see from your comments that the child has a therapist and you are represented by counsel. Listen to your attorney. Your attorney has first hand knowledge of what's going on in your case and who your judge is.

    Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

  3. TPR is usually only brought by the state. If you want to file a private TPR will have a very high mountain to climb and it will probably cost tens of thousands. If you get married the new husband could file a step parent adoption, and this father might just consent to it. This would be more cost effective. The court is not inclined to leave a child fatherless. Also it is only 8 years before the child becomes an adult, in which case the father's consent would not be necessary.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.

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