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Ask Lawrence D. Gorin Your Own Question
Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1544
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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I have had full custody of my children three years

Customer Question

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
Expert:  Dimitry K., Esq. replied 2 years ago.
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?
Expert:  Lawrence D. Gorin replied 2 years ago.
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.
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