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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31924
Experience:  JD, 16 years legal experience including family law
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if my sons mother left to live in another an hasnt seen him

Customer Question

if my sons mother left to live in another an hasnt seen him for over 10 months i have full custody legal and physical she has partial. she hasnt paid a dime of any of his needs. he is on my health insurance plan.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is Tina and my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Your question is whether you gain full custody of your child if the mother leaves the child with you for over 10 months? Are you and the mother married or divorced?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

i am looking to have her rights terminated and have my wife adopt my son.


 

Expert:  Tina replied 1 year ago.
I see. Thank you for clarifying that. I am working on your answer now and will post it here shortly. Thank you for your patience as I prepare your answer.
Customer: replied 1 year ago.


she sometimes calls to ask about him but the call is brief and usually at late hours or when he is sleeping. when i say he is fine and say what he is doing she says ok and has to go.

Expert:  Tina replied 1 year ago.
Hello again,

Yes, the mother's absence, without good cause, would typically constitute sufficient grounds to involuntarily terminate her parental rights. PA law states, in part:

§ 2511. Grounds for involuntary termination. (a) General rule.--The rights of a parent in regard to a child may be terminated after a petition filed on any of the following grounds: (1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties. (2) The repeated and continued incapacity, abuse, neglect or refusal of the parent has caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.

Here is a link which sets out this excerpt of the code:

http://law.onecle.com/pennsylvania/domestic-relations/00.025.011.000.html

Courts are typically more likely to terminate parental rights where there is another adult seeking to adopt the child as their own, so the petition to terminate parental rights should normally be included with the petition to adopt the child.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.


she says she is attending high school down there but could visit on the weekends or holidays. she also says she doesnt have money but gets her hair done and gets tattoos. she seems to have missed alot of school there because she calls and is not in school. when i ask why rnt you in school she said they do not have it i call her school to verify and they say they have school. she is lieing about her attendance.

Expert:  Tina replied 1 year ago.
I see. So if she contests the petition to terminate her rights, which she may not take the time to do or have the resources to do, you may wish to request that the court order her to supply evidence to support her contentions, or you could subpoena documents to refute her contentions. Also, her instability indicates she may have a substance abuse problem, so you could request that the court order her to sit for a drug test or psychiatric exam.
Customer: replied 1 year ago.

if the local courts do not grant the termination can i go to high levels and if so what are they. and will her being a student effect the courts decision.

Expert:  Tina replied 1 year ago.
Hello again,

There is great incentive to win at the trial court level since the courts of appeals (which is where you would file an appeal) often do not reverse the lower courts rulings. Because of this, it is typically best to retain an attorney and make your best case at the trial court level.
Customer: replied 1 year ago.


from how the law is written it seems cut and dry since she hasnt provided any financial support and hasnt had any contact for over 6 months isnt this cut and dry?

Expert:  Tina replied 1 year ago.
Terminating parental rights is never cut and dried in my experience since they are constitutionally protected. If she opposes the petition and produces mitigating factors, it will ultimately be up to the court to decide. However, it does sound as though there would be viable grounds to terminate her rights, depending on all the facts adduced at trial (assuming she opposes the petition at all).
Customer: replied 1 year ago.


ok. what do u think my chances are of termination.

Expert:  Tina replied 1 year ago.
It's impossible for me to say through this forum and I am not permitted to give a legal opinion here based on the site's TOS we both agreed to. You really need to consult with legal counsel to determine that, based on all the facts and the court's propensities.
Customer: replied 1 year ago.
Since she hasn't been here to see him and has had many days off over Christmas and thanksgiving and his birthday does this all play in
Expert:  Tina replied 1 year ago.
Yes, that would weigh in favor of terminating her rights. Any evidence that she had opportunities to see her child or otherwise remain in contact and chose not to would typically weigh against her.
Customer: replied 1 year ago.
Do I have to offer her opportunities to visit or is that upto her to as for visis. For example do I have to openly say he do u wanna come up this weekend and visit . Or is it upto her to arrange it
Customer: replied 1 year ago.
U went offline
Customer: replied 1 year ago.
Relist: Answer came too late.
I need child termination help
Customer: replied 1 year ago.
Relist: Other.
She went offline In the middle
Expert:  Tina replied 1 year ago.
Hello again.

I did go offline for the night to sleep and I'm disheartened to see that you rated my service to you negatively after our numerous exchanges. I would be happy to continue assisting you, but please respond with any questions you have without using the negative ratings, as that permanently affects my feedback score. Thank you so much.

As for your last follow-up question, you are not required to offer her visitation typically since there is no court order. If she requests to see the child, then it would normally be best to cooperate with her, but you would not be under any legal obligation to initiate those discussions.

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