My daughter's father left when she was a month old. He has only seen her a total of 8 times in the past four years. He's suppose to pay child support but hasn't. He's behind a lot. I've taken care of her the past four years with help from my mother. She has genetic disease and her father has no idea what she has to do each day. We have no custody right now so he can show up anytime and take her. I don't want this to happen so i want to terminate his rights but i don't have a significant other to adopt her.
You do not need to have an adoption proceeding for you to pursue the termination of the father's parental rights. The termination proceeding can be a stand alone proceeding right now and if down the road you have a significant other who would like to pursue adopting your daughter you can do that then but there is no need for there ever to be an adoption proceeding. I hope that helps.
The adoption process is merely a beauty pageant prove you are in the child's best interest and the judge will sign the judgment in order
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First, if there are no custody orders, he cannot "show up anytime and take her."
Second, for his rights to be terminated you will have to allege and prove a statutory basis (legal basis) . There are several including abandonment, neglect, or abuse, You should consult with an attorney who is versed in this process to determine which basis best fits your specific situation. It may be abandonment, but it may also be another.
You will have to give notice to the father. He may contest or agree - or default (not show up). This is not a process that is simple and one where you should have an attorney, unless you know he will agree, but even then having an attorney would be hepful. Good luck.
Disclaimer: This answer is for general informational and educational purposes only and should not be relied upon as specific legal advice. It does not establish an attorney/client relationship.
You are correct to say that you don't want him to simply come anytime he chooses to and take your child. You want to terminate his parental rights to his child simply to prevent him from visiting your child? Why be so drastic? I believe you are a good mother and want what's best for your child - so why would terminating his parental rights be in her best interests? You are perfectly within your legal rights to ask the court to deny the father any kind of un-supervised visits until he proves that he is not drinking or drugging or has habits which are detrimental to your child. But what if the father changes and develops the sincere desire to make amends and start paying CS and caring financially and emotionally for his disabled child? Would you still want to terminate his parental rights?
If you have ever received AFDC, food stamps or other benefits for your child, the State of Idaho will NOT permit you to foist the financial responsibility for this disabled child upon county tax payers. The policy of the State of Idaho is for PARENTS to care for and support their children. Unless you have a significant other who marries you, no court in Idaho will permit you to terminate the father's legal rights - because until your next significant other has married you, Idaho could not force him to pay you (or the state) for the child's care if you and he break up. Marriage is still rewarded in the law. If the natural father is not fit you can keep him away from your child and STILL make him pay CS for the child.
Good luck to you!
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