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Can a dad with terminated parental rights pursue visitation years later?

Since it's the weekend I'll have to wait until Monday to talk to an attorney, but I could use some reassurance now. Here's the situation: My ex-husband, who I haven't seen or spoken to in almost 12 years suddenly contacted me today. He is my 14 year old's biological dad, but his parental rights were terminated years ago. He called me on my home phone tonight and basically said he wants to "catch up" with me, AND he wants visitation with our child. I cannot let that happen. At this point I have my home phone off the hook, but if he has the number I'll assume he also has our address. He does live 5 or 6 hours away, but I can't rule out the possibility that he'll show up where we live. With his parental rights terminated do you think there is any way he can pursue visitation? Can I get a restraining order against him?


Asked by Anonymous at 2:31 AM on Sep. 11, 2010 in Relationships

This question is closed.
Answers (10)
  • If he terminated parental rights then that sums it up in a nutshell. Visitation IS a parental right. Period. He has no ground to stand on. I would be concerned that he would show up as well. If he does show up and you feel threatened by it definitely kepe your door closed and call the authorities. Its harassment and it definitely borders on stalking. For those reasons there is no reason you shouldn't be able to get a restraining order. I hope you get through the weekend alright.

    Answer by GoldenLinds at 2:39 AM on Sep. 11, 2010

  • He gets nothing in the courts eyes. He isn't a legal parent. He's a legal stranger. The judge probably won't grant you a restraining order unless he does try and contact your son or keeps bothering you. If he does, get one and enforce it.

    Answer by Glamourina at 3:00 AM on Sep. 11, 2010

  • probly not, but that won't stop him from visiting once in awhile if you allow or aren't aren't them 24/7.

    Answer by Zoeyis at 6:14 AM on Sep. 11, 2010

  • He has to go to court and that can be a very long process. Just because he wants visitation doesn't mean he gets it. They fact that your daughter hasn't seen him in years is not in his favor. Also because your daughter is older, what she has to say has some standing with the court. I would not bad mouth her dad in anyway to her because this will only make you look bad. Good luck, try not to worry. Maybe he just wants to connect and talk to her over the phone or in a public place with her mom around.


    Answer by RyansMom001 at 6:45 AM on Sep. 11, 2010

  • He hasn't got a leg to stand on. When parental rights are terminated that's it. He doesn't have any rights. Especially the right to see the child. If he does pop up just keep the door closed and call the police. How do you think he got your personal information after 12yrs? You may need to change the number and not give it to the person who gave it to him. Good luck hun. Be strong and stand your ground. Tell him hell no, it ain't gonna happen and call it a day.

    Answer by reigndrops12689 at 8:25 AM on Sep. 11, 2010

  • No he is way past the statues of limitation on his time to file an appeal. If he were to show up and try to take him it would be kidnapping. Make sure you have all your paperwork in order showing his rights have been terminated. They probably will not give you an RO unless he does try something. Good luck!

    Answer by kjbennett26 at 8:31 AM on Sep. 11, 2010

  • He can not legally get visitation. Do you think your child may want a relationship with him? My son is young but, his father's parental rights were terminated and still talks to him every once in awhile. He may have been bad 12 years ago but, maybe he has changed. It could be good for your child, eventually he may want to know who is bio-father.

    Answer by matthewscandi at 9:40 AM on Sep. 11, 2010

  • I think legally you could keep her from him but she's going to 18 soon. She'll see him then if she wants. Don't you think she deserves to see her dad after 12 years? Can't you put the past behind you?

    Answer by bjane01 at 11:22 AM on Sep. 11, 2010

  • i would change my phone number and make sure its unlisted phone company usually will do this for free one time

    Answer by stef1976 at 3:14 PM on Sep. 11, 2010

  • NO......He gave up his rights.

    Your child should have gotton a new Birth Certificate, saying Father unknown.


    Answer by SissyAnn141 at 4:14 PM on Sep. 11, 2010