Family Law Questions & Answers

Q. I have been divorced for a few years, and my ex and I have a few kids. I think my ex is a complete loser. My ex drinks too much on the weekends and he yells at the kids. Can I terminate his parental rights?

A. Parental rights may be terminated involuntarily. To terminate these rights involuntarily, you must prove that your ex has abandoned the child.

"Abandonment" is proved by showing that your ex has, by conduct continuing for a period of at least six months, either evidenced a settled purpose for relinquishing parental claim to a child, or has refused or failed to perform parental duties.

As a general rule, courts are reluctant to terminate parental rights when one parent feels that another parent is unfit. Even if one parent has many flaws, courts are hesitant to simply relieve a parent of his or her duties to properly raise the child and pay for the child's expenses. It is extremely difficult to terminate parental rights, and courts will do so only in rare circumstances.

So while it may be possible, it would be very difficult to terminate his parental rights.

Q. My husband may have fathered a child with a minor during the course of our marriage. We are waiting for the results of a paternity test. If this child is really his, can I request that he pay the child support but also terminate his parental rights to this child? I don't want him having contact with this child or the mother. Can this be done?

A. Assuming that your husband has fathered a child with another woman, you cannot terminate his parental rights to the child. In fact, he cannot even do that, unless the mother agrees to it and a court is willing to go along with it, based upon the circumstances.

The most likely manner in which this could occur would be if the woman were to marry, or was married, and her husband or future husband wanted to adopt the baby, AND your husband agreed to all this AND a court agreed that it was in the best interests of the child. Otherwise, the mother will be able to pursue your husband for child support and the child also has the right to know it's natural father.

Additionally, the right of the father to have regular, meaningful contact with his natural child cannot be terminated by a wife, even if the existence of such a relationship causes friction in his marriage.

Q. I am a single mom with a 6 month old baby. I need a document drawn up, that I can get the father of my child to sign, which states that if anything was to happen to me, such as death or serious personal injury, that my parents would then have custody of the baby, instead of the father. I think he would sign such an agreement. Can I do that?

A. You are seeking a termination of parental rights for the father of the child. This is typically a very difficult matter to pursue. First, fathers are typically reluctant to give up all rights to their children. Second, courts are reluctant to allow fathers to avoid their child support obligations by waiving all parental rights to their children. For more information, see the questions above about termination of parental rights.

The information presented on this web site does not constitute legal advice. No attorney-client relationship has been created. Readers are strongly encouraged to contact the firm for professional advice before making any decision of a legal nature. Family Lawyer Service is licensed in the Commonwealth of Pennsylvania.