Termination of parental rights is never easy nor something the courts tend to allow without good reason. The courts must always rule in the best interest of the child and seldom is terminating a child's bond with his or her father in the best interest of the child unless there are good reasons.Since you did not mention the reasons for wanting the rights terminated I can tell you what is generally allowable under the law. Adoption......this is where the child is adopted by someone other then the mother and father or the mother is married and her husband wishes to adopt the child. If the biological father consents termination is a simple matter. Other reasons from sometimes include:Abuse/NeglectMental Illness or DeficiencyAlcohol or Drug Induced IncapacityAbuse/Neglect or Loss of Rights of Another ChildSexual AbuseChild's Best InterestFelony assault of child or siblingMurder/Manslaughter of sibling childIf the mother and father want to terminate the rights, they will have to petition the courts together for this. Your reasons above would not be enough to terminate his rights.
Most states consider a child's best interest in termination proceedings. In some states, statutes use general language mandating that the child's health and safety be paramount in all proceedings, while other states' legislation lists specific factors that must be considered, such as the child's age; the physical, mental, emotional and moral well-being; cultural and attachment issues; as well as the child's reasonable preferences.I would strongly advise you to seek legal counsel before attempting to terminate his rights due to the probability of being denied.I wish you the best in the new year.Walter
Abandonment can be considered for termination of rights. Typically it depends on how long the abandonment has been and the circumstances of the case. As for the threat, that depends on the context of the threat, proof and who was threatened.
Based on what you have stated you would have a case. In the end it is up to the judge.
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