Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I have had full custody of my children three years

Customer Question
I have had full custody...
I have had full custody of my children for almost three years now, there father was order to pay child support and was given parenting time. He stopped seeing them two years ago and only contacts me to harass me. He does not pay child support anymore. how do I get his parental rights removed so he can no longer contact me or the kids.
Submitted: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 21 minutes by:
6/17/2015
Family Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, is he a potential danger to the children? Or to you? Do you have someone else who is able to take over guardianship of them? When was the last time he contacted them in any way?
Ask Your Own Family Law Question
Family Lawyer: Lawrence D. Gorin, Family Law Attorney replied 2 years ago
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
Verified
YOUR QUESTION:
how do I get his parental rights removed so he can no longer contact me or the kids?
ANSWER:
Under Oregon law, you can get his parental rights removed by finding some other man (or some other woman) to adopt the child and assume the parental rights and parental responsibilities for the child, thereby replacing the existing father.
Of course, if you were married to the child's father, Oregon law, ORS 109.314, requires that you obtain the voluntary consent of the father to the adoption. If voluntary consent to the adoption is not given, your ex-husband (the noncustodial parent) would have to be served with a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parent’s consent, and the objections of the noncustodial parent shall be heard if appearance is made.
There is an exception: Under ORS 109.324,if a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent. Then, upon hearing or when the parent has failed to file a written answer as required in ORS 109.330(3), if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parent’s consent is not required, the court may proceed regardless of the objection of the parent. In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may disregard incidental visitations, communications and contributions.
In sum, given the facts you are presenting, there is no means under Oregon law by which one parent can involuntarily cause the removal of the other parent's parental rights unless done in connection with an adoption proceeding. And this is true even if removing the parental rights of the other parent would be in the best interests of the child. To do otherwise would result in bastardization of the child, which is frowned on under Oregon law.
=========================
NOTE:
: I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. And please don't forget to rate the answer, keeping in mind that your rating should be based on the quality and clarity of the answer, not on whether you find the information favorable to your particular circumstance. (A positive rating only, please, as that is only way by which I receive compensation for the time and expertise expended in answering your inquiry.)
Ask Your Own Family Law Question
Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1,544
1,544 Satisfied Customers
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.

Lawrence D. Gorin is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
If a parent does not pay child support and is behind over
If a parent does not pay child support and is behind over $2500, do they still get visitation rights? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Need help attaching a current child support order into a
need help attaching a current child support order into a divorce … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
What happens if ur in rears on child support in the state of
What happens if ur in rears on child support in the state of Louisana an u have been served … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,474 satisfied customers
Florida child support question. Florida. It's regarding
It's regarding payment continueing after child has turned 18 and has already graduated.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I was paying child support for 2 of my children, and the
I was paying child support for 2 of my children, and the mother and I got back together and lived together for a year before deciding that it wouldn't work. She took me off of child support as I was t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I am currently paying child support and wish to sign over
I am currently paying child support and wish to sign over all parental rights. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
In an attempt to get mandated child support, father states
In an attempt to get mandated child support, father states if mother goes through with it he will file for custody and site mother's misdemeanor drug charge from several years ago, during a phone conv… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Can a child child support from SSDI? If the parent is
Can a child child support from SSDI? If the parent is mentally ill. The parent has worked in the past. He no longer is able to due to his mental illness.Collect benefits as if the parent died He reall… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Does a child support conviction affect custody. Ohio
does a child support conviction affect custody JA: Because family law varies from place to place, can you tell me what state this is in? Customer: ohio JA: Have you talked to a lawyer yet? Customer: n… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
Does child support have to be paid in Colorado if there is
Does child support have to be paid in Colorado if there is no court order, parenting plan in place, and the custodial parent is refusing to allow visitation even though there is a visitation order in … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,088 satisfied customers
Document drafting for child support agreement proposal with
Document drafting for child support agreement proposal with protective order which states that the individual will not disparage or defame the other party. I can provide details.My husband fathered a … read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
My question is about child support case,and visitation; my
My question is about child support case,and visitation; my daughters dad never keeps her for his visitation never takes her for 30 days in July and doesn't do any of his financial obligations. I do ge… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
Can Georgia state child support withhold child support from
Can Georgia state child support withhold child support from a parent for any reason? This is regarding the father's tax return money....my daughter says they're holding it. They also will not tell her… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,844 satisfied customers
I have a child support question. I filed for child support
Hello , I have a child support question . I filed for child support back in 2015 , now the court is set up for august 16. My question is can I cancel my child support process , and can biological fath… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am in Ohio. I am paying child support and have visitation
I am in Ohio. I am paying child support and have visitation rights for my two sons. At the time of the divorce, I was unemployed and with a very inconsistent work history, primarily because of care of… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
What are parental rights in Ca. I am seeking guardianship of
What are parental rights in Ca. I am seeking guardianship of my 9 year old grandchild. Mom is in rehab. What are my daughter's rights?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x