Hello, thank you for your question.
Would the father agree to have his parental rights terminated?
not sure but he has terminated his rights from his first child. don't know if it was because he was so far behind in child support or because he abused the child and had to do a lot of parenting classes he never attened
Are you currently married to someone else?
When his rights to his first child were terminated, who ended up with custody of the child? Was it the child's mother, or someone else?
the mother but she has given her mother, which is the child maternal grandmother, power of attorney to the child
Thank you for that information. I am almost done asking questions, and I thank you so much for your patience. How old is your child?
mine? he if 4 yrs. the other child is 8 yrs. and no i thank you so much for your time
So just one child with this man, correct?
How would you describe the relationship between your 4 year old and the father right now?
there has been no contact for 3 yrs. at least
That's definitely significant. I apologize for the delay--I am typing the final answer :-)
no problem, take your time
So sorry for the delay. I should start by clarifying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, Tennessee actually does permit parental rights to be terminated for several reasons, one of them being abandonment. Willful no contact with a child for 3+ years certainly constitutes abandonment in most every circumstance. Unfortunately, there are not "papers" to terminate one's parental rights involuntarily in Tennessee, so they generally have to be drafted from scratch. An attorney can assist with this function, or examples can be obtained from your nearest county law library.I can give you further instruction on that, but I also have to ask what benefit you see from terminating parental rights. A court will only award custody or visitation according to the best interests of a child, and a child's best interests are almost never served by having custody or visitation with a complete stranger. Thus, when a parent has been completely absent from a child's life, the only impact of a parental right termination is usually a relinquishment of the right to collect child support for the child. I understand the relief of not worrying about having to defend against future custody or visitation requests (even if they are not granted), but it is important to recognize the actual benefit and detriments of such a waiver.
Tennessee Code 36-1-113(g)(1) provides that:
Initiation of termination of parental or guardianship rights may be based upon any of the grounds listed in this subsection (g). The following grounds are cumulative and non-exclusive, so that listing conditions, acts or omissions in one ground does not prevent them from coming within another ground:
(1) Abandonment by the parent or guardian, as defined in § 36-1-102, has occurred;
Does that make sense?
Understandably, you may have had to step out of the conversation. I will be logging offline shortly, but I invite you ask any follow-up questions that you may have. Once you are completely finished, please feel free to leave feedback, or just let me know that this information was helpful. Thanks, XXXXX XXXXX your time responding.
thank you so much you have been of great assistance.
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