My husband and I were granted joint custody with primary placement of my 16-month-old brother. His bio father has been in and out of rehab and hasn’t had a visit since he was about 1 month old. We’ve had my brother for almost a year, and his father hasn’t made any moves to visit or reach out. My mom has been doing supervised visits weekly and has talked about terminating her rights, so we have the documents written up from our lawyer. We’re also considering terminating the bio father’s rights. How do we begin the process, and what should we expect? I know every case is different, but any guidance would be appreciated!
Often, as soon as the bio parent is served with a petition for Termination of Parental Rights (TPR), they might suddenly start exercising visitation rights, which could complicate things. You should be aware that it might take a long time, especially if the parent starts fighting it. I’m not trying to discourage you, just giving a heads-up! You will definitely need an attorney for this process.
@Arin
Thanks for the heads-up! Yeah, I’m worried that might happen if he gets served… but since he hasn’t reached out in so long, maybe it’ll still go smoothly.
Sounds like you already have a lawyer on this, right? I would definitely consult them for specifics on how to move forward with the bio father. They’ll know exactly what you need to do in your county and what you might need to prove.
@Adi
Yep, we have a lawyer. Just wanted to hear from others who might have gone through something similar so I know what to expect!
It’s good that you’ve got the documents ready for your mom’s part, but terminating a father’s rights can be tricky. You’ll need to prove that he’s abandoned the child or hasn’t followed the court’s expectations. Keep documenting everything, including how long it’s been since he’s reached out.
@Poe
We’ve kept all the records, especially of the attempts to contact him. Hopefully that will help if we end up in court.
You’re right that each judge and case can be different. It might come down to showing that he hasn’t fulfilled his parental duties, like providing financial support or being involved in the child’s life. I’d say keep your lawyer updated on everything that happens with him so you can build a strong case.
@Zane
Thanks, I’ll definitely keep our lawyer in the loop. We’re hoping it doesn’t drag out too long, but we’re prepared to do what’s necessary.