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I live n PA and my daughters father lives in KY. He is not

I live n PA and...
I live n PA and my daughter's father lives in KY. He is not on her birth certificate and has shown no interest in seeing her unless I drive to KY on my own dollar and pay for a hotel room with my own money. Even then he has only seen her for a total of 3 hours and has never called to see how she is doing or offered to help financially at all. He refuses to put any effort into her life and at this time I want to get his rights revoked so he has no options for visitation rights in the future. Do I have legal grounds to have his rights involuntarily revoked under 23 Pa. Cons. Stat. § 2511 section a6.
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Answered in 4 minutes by:
8/15/2013
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) Does he have any criminal history?
2) Drug use?
3) Alcohol abuse?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago

he has no criminal record that I know of, except he has harbored his ex-wife who has a warrant out for her arrest for not paying child support. At one time he did abuse alcohol, but not sure if he does now. Currently his behavior is up and down, he is nice one minute then ripping us apar the next. He seems to have mental issues.

Thank you.

Do I have legal grounds to have his rights involuntarily revoked under 23 Pa. Cons. Stat. § 2511 section a6.

Arguably, yes. You are citing the following:

In the case of a newborn child, the parent knows or
has reason to know of the child's birth, does not reside with
the child, has not married the child's other parent, has
failed for a period of four months immediately preceding the
filing of the petition to make reasonable efforts to maintain
substantial and continuing contact with the child and has
failed during the same four-month period to provide
substantial financial support for the child.


However, understand that the termination is not 'automatic,' but is at the discretion of the Judge, who acts out of "the best interest for the child." In re Custody of Hernandez, 376 A. 2d 648 - Pa: Superior Court 1977.

As such, the Judge would have to be convinced that not only is the above true, but also that the parent may be harmful/abusive/neglectful of the child.

So in the end, it is very much a subjective, case by case scenario. The good news is that it sounds like you have the grounds for the termination, but the Judge has to agree as well.

Now, before you attempt termination by force, it may behoove you to ask him to sign off voluntarily (in exchange, you would promise not to seek child support, let us say). He may agree, and if so, the whole matter would be much quicker and less draining.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102,932
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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