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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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My ex husband has only seen our children once in the last

Customer Question

My ex husband has only seen our children once in the last year and a half and never calls them or me to see how they are doing or anything of that nature. He moved and will not give us a new address either. He will only tell us a town he is in. He even blocked the children on his social media accounts. His relatives do not have any contact with the children either. He was a good dad until our divorce and separation tree years ago. We were married for 14 years and our kids were 12 and 7 when he walked out on us. Our daughter has OI and is legally blind and I have lupus and he said he was tired of dealing with all the medical problems. I am remarried now and the kids live their step dad very much. I even had to go to DHR in order to get child support withheld from his checks becaus she refused to pay it and was in arrears over 3,000.00. Up until then my family and husband were helping me support the girls on my disability. My question is since he obviously doesn't wish to participate in their lives how can I file for termination of his parental rights so that maybe they can be adopted by their stepdad. Please let me know if their is anything I can do?
Asking in Alabama
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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In order to terminate his parental rights, you would need to first file a formal petition in the local court to terminate his parental rights and then have him served with the action. If he doesn't respond after being served, then you will get a default judgment and his rights will be terminated to clear the way for a stepparent adoption.

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It would appear as though you have adequate grounds because he has expressed "extreme parental indifference" in their health and wellbeing and has abandoned them. Basically if the judge finds he has abandoned the children and that it would be in the children's best interests to terminate the rights, he will do so. The fact that the stepfather is waiting to adopt them just lends support to the cause.

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This isn't something that you want to undertake on your own so you really need to find a local family law attorney to assist with filing the petition and making the process as smooth as possible..

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The particular statute that applies here is Ala. Code §26-18-7 if you wanted to see the specific factors the court considers...

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thanks

Barrister

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