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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Family Law
Satisfied Customers: 2677
Experience:  associate attorney
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My name is ***** *****. I am divorced, he was violent and

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Hi, my name is ***** *****. I am divorced, he was violent and is receivng mental health care. I live in an Oklahoma, he lives in Texas we have two kids, I have custody. He rarely pays support. He claims that his mental and llness is worsened by the stress of child support. For the past two years his behavior was so violent that my lawyer advised me to deny visitation. He has seen the kids less than ten times in and ven years. He does not call and has no relationship with them. I believe that he may be willing to terminate his rights if it would alievate his responsibility for paying child support. Is this possible? If so how do you recommend I proceed?
JA: Thanks. Can you give me any more details about your issue?
Customer: Our visitation specifies "by mutual agreement of the parties" it also must be supervised and occur in public. He agreed to these measures because " it is easier to control myself in public" . since then he has had several incidents in public that made me concerned for the kids saftey and my lawyer advised me to stop the visits . additionally, the kids are 6 and 7, they do not call him daddy, have never asked for him and see him do infrequently that they do not recognize him.
JA: OK got it. Last thing — Family Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Customer: replied 7 months ago.
I am able to support my children without the little support he pays. We do not receive any state benefits, including Medicaid. My first concern is my faughters' saftey and well being. My ex-husband is dangerous and attempted to abuse my older daughter. The money is of no concern to me. If at all possible, I want my ex-husband to surrender his rights.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent is unfit and/or poses a threat of harm to the child. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support. However, it is possible that back support owed may still be collected. See below for Oklahoma Statute:

§ 10-17. Relinquishment of Rights By Parent.

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him and receiving his earnings. Abandonment by the parent is presumptive evidence of such relinquishment.

Basically if you can get consent from the father, this will be an easy process. If not, you will need to petition the court to terminate his rights. Since you seem to have evidence that he is a harm to you and his children, this should be successful if you can provide the court evidence of this. Abandonment is also grounds for this as well. With both of the factors present, you will likely be successful with evidence.

Please see the forms at the following links:

http://www.uslegalforms.com/us/US-00876BG.htm
http://www.uslegalforms.com/us/US-00901BG.htm

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