I’m in a tough spot with my ex. We were never married and share a 5-year-old daughter. After a rocky start with visitation, I stopped letting him have her overnight when she started coming back with concerning behavior. He and his new girlfriend frequently use substances, and I’m worried about my daughter’s safety. He hasn’t seen her in over a year and only reaches out when his dad pressures him. I want to terminate his parental rights because I can’t get her a passport or travel without his permission. I’ve tried getting him to sign the passport papers, but he ignores me. Do I have a decent case for termination, or should I approach this another way?
You can’t terminate his rights without his consent. You might want to talk to a lawyer about the passport situation. You probably need legal sole custody to get around needing his permission.
No, you can’t terminate his rights without his agreement. What does your current court order say about travel?
Definitely consult an attorney. They can help clarify your options.
He shouldn’t be able to prevent you from getting a passport for your daughter.
Actually, in the U.S., one parent can refuse to sign for a passport. It’s often about ensuring a child isn’t taken out of the country without consent.
PoshLawyer said:
Actually, in the U.S., one parent can refuse to sign for a passport. It’s often about ensuring a child isn’t taken out of the country without consent.
I see your point. But I think if there’s no real danger, the courts might not see this as a reason to terminate rights.
A court likely won’t terminate rights just because he won’t sign for a passport. You should consider filing for a modification in custody instead.
It’s tough to terminate parental rights without someone lined up to adopt. You can file for a passport without needing his approval if your court order doesn’t require it.
You can’t terminate his rights easily. The court generally requires proof of unfitness, not just non-involvement.
Consider getting a lawyer and taking him back to court. Supervised visitation could be a solution, and you could request a court order for the passport while you’re there.
Ellery said:
Consider getting a lawyer and taking him back to court. Supervised visitation could be a solution, and you could request a court order for the passport while you’re there.
That sounds like a plan. I’ll look into getting legal help.