live in Pennsylvania, wanted to see about getting father's rights taken away since the last day he seen them was 10/26/2009, even before this date wouldn't see them when he was ordered to & even when seeing them for 2 hrs wouldn't be around them...he has been in prison for almost a year & is in for aggravated indecent assault without conscent (girl just turned 16yrs old & he was 32yrs old at the time) and 2 counts of corruption of minors...right now i have full primary, we share physical & legal custody, he has visitation on saturdays for 2hrs he's suppose to give me 24hrs advanced notice, he's suppose to come pick them up & bring them back,but has never exercised this right since court decided 12/16/2009,any possible way of getting all his rights taken away & i get pri/phy/leg custody?
It seems like you meet the qualifications under the statute, but sometimes courts are hesitant to terminate rights if there isn't another person willing to adopt. You'd have to speak with a local attorney to see if it is worth pursuing.
My response to this question is intended for informational purposes only and should not be interpreted as legal advice. Please be aware that in answering this question, I do not intend to create a privileged or attorney-client relationship. Further, I can make no guarantee as to the accuracy of said answer due to variables that may not be apparent from the phrasing of the question. Every case is unique and this should not be a substitute for seeking personal legal advice from a licensed attorney in your jurisdiction.
You should not have a problem getting the Order modified to grant you sole legal custody, and to end his visitation schedule, given the impossibility of him complying with the Order, and given his previous disregard of his schedule. However, a final termination of parental rights is really not possible unless there is a pending adoption action having been filed. In other words, the court wants to see another person stepping into Father's shoes.
Also, if he should be released, you should take immediate steps to make sure any visitation is supervised.
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