Is it necessary to notify birth parent of a court proceeding to terminate their parental right if safety is a concern?

I have a 3 yr old, and 4 yr old by the same man that I left in 2010, a few months before the youngest's birth. His name is not listed on the birth certificate of my 3 year old, who does have my last name. At the time of our unwed separation, it was necessary for me to file a restraining order as I feared for our safety. He is a dangerous, schizophrenic sociopath. He has not made any attempt to contact us since our separation. The court ordered that he pay 117 a month in child support, and we see about $45 a month. I do not want his money, nor do I want a paper trail leading him to us. I live in fear that he may travel back down to west virginia and hurt my children or me. Can termination take place without notification if we are in danger?

Clarksburg, WV -

Attorney Answers (1)

Thomas J Callahan

Thomas J Callahan

Family Law Attorney - Hanover, MA
Answered

Speak to the court personnel or a local attorney about arrangements to keep your address impounded, but I do not think you can terminate his rights without notice.

To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive... more

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