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How would I go about terminating the non custodial parent's parental right?

San Diego, CA |

My ex-husband has not seen my daughter since she was 1 year old. She will be 14 in July. He has had two phone conversations in those 13 years. He is in arrears at least $90,000 in child support. He has been harrassing her on facebook, using fould language and actually saying "F*ck you!" to her. He then told her that she was the biggest mistake that he ever made and even told her that he would see her beloved dead grandfather in hell and that he would say hi to him for her. He has also been posting derrogatoty posts about her on facebook to all his friends. I then got involved (I was not aware of the previous conversation). He has stated that he wants to sign over all rights to her because he doesn't love her. Is this at all possible? would he still owe the arrears? how much would it cost?

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Attorney answers 1


What you need is a restraining order to stop the damaging emails and behaviour.
You can terminate parental rights, but that would end his liability for child support. Why would you want to make him that gift?
Another alternative would be to seek a restraining order against his contact with you and the child and update the child support at the same time.
This is complicated. You need an attorney to do the papers and the court appearance.

This is not confidential advice and I am not your attorney until we have had a confidenial consultation by phone or in the office.

Sandy Lynne Meade

Sandy Lynne Meade


A motion to terminate parental rights can be filed; however, the San Diego County courts generally/often will not terminate a Father's parental rights even if there is a stipulation by both parrents to do so unless there is another "parental figure" ready to assume the responsibility, such as a new spouse/step-parent that is willing to adopt the child with you. I do agree with Ms. Jeffries that, in some cases, a domestic violence restraining order filed on behalf of the child may be appropriate to stop harassment of the child.

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