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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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I want to terminate my parental rights to my daughter. she

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I want to terminate my parental rights to my daughter. she lives in Oregon, i'm in California. How do I start this process

Hello there -

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Can I ask you the age of your daughter and the reason for the termination of parental rights? Does the other parent support this termination of parental rights?

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Thanks

MARY

Customer: replied 3 years ago.

she is 10. i just want peace away from her father. he wont let me have any kind of contact with her and now she doesn't want to have anything to do with me. they take 50% of my check for child support and im homeless. the father says he is unsure if he supports it or not. He is abusive i just want peace


 

Hello there Donna --

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I am sorry to hear about this situation -- it is sad that there seems to be some parental alienation in this case and it is difficult to fight such a case across state lines.

- Before turning to an answer for your question, can I call to your attention that you have asked 5 questions and you have received 5 answers to each of those questions from various experts already here on Just Answer. I note that you have not yet pressed a positive rating underneath the ANSWER box on either or any of these other questions/answers and I just want to let you know that (a) you are on a trial/subscription plan right now and so you can press the 3rd, 4th or 5th smile face below underneath this ANSWER box and you can do the same thing on ALL of your prior questions and you will not be charged any additional money more than you have already paid as a deposit to Just Answer (many new customers do not realize that they should press a positive rating below most of the questions asked and answered unless there is truly something wrong with the answer given by the expert and that pressing the 3rd, 4th or 5th smile facer under this ANSWER box and doing so will not cost the customer (you) any additional money to press the positive ratings and pay the expert for their time in assisting you with that question), and (b) if you have more than 2 questions that are answered by experts that have not been accepted/rated by you so that the expert is paid for their time then most of the experts will not continue to answer your questions because the experts can see and review all of the prior questions and answers of a customer and the expert knows whether or not the prior experts have been paid (it is within the discretion of the experts whether or not to pick up the new question and answer it based upon the track record of accepts/positive ratings left by the customer on the immediately preceding 10 questions asked). The website will also review the account for closure because of the lack of accepts/expert payments. I just wanted to call this to your attention initially because it is very easy not to know how this website works and then forget to press a positive rating box before you close out of the questions that you have asked and for which you have received the assistance of an expert on the site to research the issue for you and then to answer that question.

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Turning to your question now, there is good news and bad news on these questions and the answers I provide to you here. You are certainly within your rights to sever your parental role in her life and seek a court order for it. However, just so that you are aware, even if you sever your parental rights -- if there is no other parent to step into your role as her mother and voluntarily assume financial responsibility for any child support payments that you have been ordered to pay then the court will not sever your obligations to pay child support to your ex through the state wage assignment program in Oregon. So, if you sever your parental rights you will end up without any further contact or right to make contact and you will still be responsible for child support payments to be made. It seems to me that may be the worst of both worlds here. However, you can bring a motion in front of the family court where your daughter resides in CA for any purposes regarding child support (if you seek a reduction in the child support payments awarded that were previously awarded, you may be able to get at least a reduction in the 50% amount so that you can survive yourself on what remains of your paycheck every month). You can also get forms to actually apply to that court for the complete severence of your parental rights -- but, again, you have to complete the forms and apply to the court that has jurisdiction over your daughter and the case up in Oregon to make the changes and the order of severance of the parental rights. You can get motion forms to complete either by contacting the Oregon family court clerk's office and asking them to mail or email you the appropriate forms that you must use to seek the reduction in child support or you can locate the family court website on line by doing a search online that includes the county and state name and the terms -- such as "XXXXX county Oregon family law forms" -- or "XXXXX county Oregon child support modification forms" --- and you will be directed to the website for the local family court there in Oregon at which point you can determine if you are able to get the forms online from the website of the court or if you will have to telephone the clerk's office and ask that they be mailed in regular mail or on internet email to you. Once the forms are completed (whether you are seeking termination of parental rights or a reduction in child support ) and you submit them to the court then you will be required to actually attend any hearing on the matter unless the Judge will grant a request to be heard over the telephone (you can write up that request with your original initial paperwork for the termination of rights and/or reduction of the child support amount that you are currently paying from your income every month and you can submit the request to the court along with the other paperwork in this matter). So, depending upon what you decide is the best course of action for you to take, you will have to receive motion forms and blank paperwork from the Oregon family court and then complete and submit (a) Motion for the severing of your parental rights and responsibilities, and (b) motion for the suspension or reduction of child support payments (you should request a termination of the child support obligations to go in hand with the termination of parental rights but do not expect that it will be granted unless there is another adult willing to take on the child support rather than you (?)), and (c) motion for all matters in the case including mediations and hearing in court be permitted to occur by telephone or by skype computer hook up with the court and the parties due to the distance of the location of the mother and the difficulties it represents for you to travel there personally to attend the hearing.

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While I realize that it may be difficult for you to pull these motions together, your only other option is to hire an attorney in that county in Oregon where the matters are taking place -- you said that you have had some difficulties with that -- I suggest that you contact legal aid in that Oregon county and ask for a referral to a family law attorney with specialties in child support matters as well as severing parental rights of either parent. The Oregon legal aid offices will be able to give you a few telephone numbers of lawyers local to that area of Oregon and you should be able to go from there;

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Doing so will NOT cost you any additional money -- it simply acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!! .

 

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