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4 Bumps

Dealing with husbands ex wife wanting to terminate his rights to his kids and let her new husband adopt them, any advice?

She has not let my husband see his kids in almost 2 years. She refuses to answer his phone calls, ect... We go to court Oct 27th, 2010 for her wanting to terminate his rights and let her new husband adopt the kids and change his sons whole name! Ugh STUPID BITCH!

 
mrsrooks

Asked by mrsrooks at 8:39 AM on Sep. 14, 2010 in Parenting Debate

Level 5 (98 Credits)
This question is closed.
Answers (14)
  • If your DH tells the judge that he wans to be in his childrens life, she will not be able to have her DH adopt them. It's a good thing y'all are going to court. He can express that he has been trying to see them & that she won't let him see them. No judge would ever terminate the bio dads rights if he wants to be involved. The only time that happens, is when the dad is no where to be found. EVEN if she says he is unfit, they still wont do it. They will just provide him with supervised visits.

    Judges really look down on any parent that keeps the child away from the other. Although, they might give your DH a hard time fro not trying hard enough to see them. Had your DH went to court 2 years ago & demanded visitation, he would have gotten it. I think he wil be fine as long as he shows interest in being their father.
    samurai_chica

    Answer by samurai_chica at 8:57 AM on Sep. 14, 2010

  • Make sure you document everything - times your DH has tried to contact his kids, etc. They aren't going to terminate his rights if he can show that she has been withholding the kids from him. In fact, he may get more visitation and she could get slapped by the court pretty good for parental interference.
    Scuba

    Answer by Scuba at 8:43 AM on Sep. 14, 2010

  • About the only way she'd be able to get his rights terminated is if she can show that he is unfit as a parent. Has he been keeping up on his child support? If he hasn't, she could try to get him for abandonment.

    See if you can't have a sit-down with your lawyer to illustrate all your concerns. He/She would be the best one to answer them. But since it sounds like she has been with-holding the child for no good reason, I don't see the judge looking at that very kindly.

    I've been with-holding my children from my ex, but in this case I DO have good reasons. But it's an entirely different sitch.

    Good luck and I hope you beat that bitch's ass in court!
    PaganMommy04

    Answer by PaganMommy04 at 8:46 AM on Sep. 14, 2010

  • If he's paying child support, don't know how she is allowed to keep him from seeing them. When you go to court, I would certainly say something about that. Does he want to give up his rights to his children?

    zbee

    Answer by zbee at 8:43 AM on Sep. 14, 2010

  • There's no way that, that'll happen. As long as he's a good father and causes no harm to his child then she can't terminate his rights as a father. I wouldn't worry about it, I would just look forward to going to court and laughing at her when the judge favors the fathers rights other than her ignorance. And you're right, she is a Stupid Bitch and the courts will prove it. As a matter of fact if I was the father I would go for custody of his child.
    DesertRose75

    Answer by DesertRose75 at 8:44 AM on Sep. 14, 2010

  • How old is the child? Does your husband want to terminate his rights? If not fight like hell to get visitation or custody! They cant just change his name unless he is adopted. Also do you have everything documented? The phone calls that were denied and or e-mails? Get everything you have to show SHE refuses to "co-parent" She sounds like a real piece of work. Also what state areyou in if you dont mind my asking?
    kjbennett26

    Answer by kjbennett26 at 8:44 AM on Sep. 14, 2010

  • Don't let it happen!!!!!!!!!
    jshimmy

    Answer by jshimmy at 8:50 AM on Sep. 14, 2010

  • Tell her no. She is wasting her time going to court over it. The Court won't make him sever his rights and will probably give her a hard time for failing to give him visitation. He has rights! Contact one of those Father's Rights organizations and see if they won't represent him to get this matter taken care of and get his visitation.
    admckenzie

    Answer by admckenzie at 8:51 AM on Sep. 14, 2010

  • She can not have the rights terminated.. Your dh has to agree to it. I really don't think you have much to worry about. I would really think that the courts will put her in Contempt of Court for not allowing him any social actions with his own kids. I know where i am from, that if the one parent with the kids, hides from the other parent, ( like his ex) the court can get a visitation set up with the Human Services and the parent with the kids will have to pay to allow the other parent to see the kids. Now this is where i am from. Always and forever, document everything and anything against the ex wife.. times, dates, actions, discussions.. the attorneys like that.. They can use this information in court.
    Airforce3mom

    Answer by Airforce3mom at 8:56 AM on Sep. 14, 2010

  • A couple of thoughts: 1) if you show up with a lawyer and your husband says he does not want his parental rights terminated - most likely family court will not. 2) If your husband has been trying to visit and she has prevented this, despite a former visitation/custody agreement - she is in violation of that court agreement. 3) If your husband has not paid child support or owes her money - that will not be looked upon kindly. So if he owes, have a check in hand at the hearing. Or at least a partial payment in good faith that he intends to provide for his children. These things are very difficult. If a judge believes that your husband is a pile of shit and is no good for his children (doesn't pay child support, abusive, plays games with his ex to hurt his children) then there is a chance he can loose out. But if he isn't a pile of shit then nothing to worry about.

    frogdawg

    Answer by frogdawg at 8:57 AM on Sep. 14, 2010