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NonCustodial parent MIA.

DH and i plan on filing for termination of DS's MB's parental rights fairly soon. Right now she is MIA. we know she has moved from her last known address but we dont really know where.
Will it be up to the courts to serve her? Will we have to serve her? What efforts in looking for her will be expected? How long will the courts or myself have to look for her before they move on? Anyone know anything about this at all?
We live in California.

 
Anonymous

Asked by Anonymous at 3:20 PM on Aug. 8, 2009 in General Parenting

This question is closed.
Answers (8)
  • Actually Anon, she can have her rights terminated. In AL she has to have been completely out of contact for over a specific amount of time (cant remember if it is 1 or 5 yrs). You have to have posted a notice in every newspaper in her last known area for 6 months past that. Basically, you have to show that you have done everything possible to find the person before you can get her rights terminated. I know a family that has done this, the mother was out of contact for over 5 yrs (which is why I can't remember if it was a specific time of 5 or 1 required). They spoke to a lawyer, basically, if there was ANY contact (phone calls, letters, even a post card) then they wouldn't have been able to do it. But since she had NO contact with the children, they were able to terminate her rights, and the children were adopted by their stepmother.
    Petie

    Answer by Petie at 3:45 PM on Aug. 8, 2009

  • You can't just sever her rights just bc she went missing. She has to agree to give up her rights.
    Anonymous

    Answer by Anonymous at 3:24 PM on Aug. 8, 2009

  • You are wrong anon. If they cannot find the parent they will terminate her rights without her consent.
    Anonymous

    Answer by Anonymous at 3:26 PM on Aug. 8, 2009

  • ARG! Ignorant fools. The termination of parental rights is VERY difficult! She has to be proven unfit, just not finding her won't terminate her rights, visitations yes, rights NO! Why should her rights be terminated? Is she a danger to the children?
    Anonymous

    Answer by Anonymous at 3:29 PM on Aug. 8, 2009

  • She was already deemed unfit. She has no custody at all. She has visitation rights at discretion of the father but obviously does not use them. She hasnt called in over 6 months and her last physical visit will be a year ago next month. She has not paid a single cent in child support and she lost all her custody rights because she abducted the child. Her SO is her moms ex boyfriend and i have a letter from BM's sister about how the SO is mildly abusive to both BM and the children. She has a kid by this "man". She is known for lack of common sense. And she is a danger to the emotional well being of the son that i am raising.
    Anonymous

    Answer by Anonymous at 3:44 PM on Aug. 8, 2009

  • In California it's 6-12 months of no contact and no support. Which we obviously have. It's not a question of if it's possible for us to do it. We have a lawyer. We already know it can be done. It's a question of what is it going to take.
    Anonymous

    Answer by Anonymous at 4:19 PM on Aug. 8, 2009

  • We have more or less the same thing going on. My step daughter was placed in our sole custody 4 years ago and her BM hasn't called or seen her since, even though supervised visitations were set up and paid for by DH and I, and we continued to call her and have our daughter write to her every other week for the first year or so, she refused to take the calls and never wrote back. She (we think it's her parents actually) mails a christmas card once a year with no return address and no message/note in it, it's just signed love mom and our lawyer has told us that is enough to keep the court from terminating her rights completely unless we can prove it's not her sending it.
    jdouglas111

    Answer by jdouglas111 at 4:19 PM on Aug. 8, 2009

  • You can terminate rights based on abandonment in most states, I believe it is 1 year NO contact of any type. I am unsure though call your local Legal aid, they can give you the information for free. Good luck.

    ~sadly another case where a person should not have been a parent. :-( Idk how any one could leave their child, it would kill me.
    Anonymous

    Answer by Anonymous at 4:29 PM on Aug. 8, 2009

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