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I am looking at having parental rights terminated for the…

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I am looking at having parental rights terminated for the father of my son how can I go about doing this as he has not paid support since Aug and has abonded my son

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

I live in Missiouri and the father lives in Arizona

Lawyer's Assistant: Has anything been filed or reported?

As far as what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just want his rights to be taken away he owes $33, 044.49 in back support which I dont care to get I just want his parental rights taken away

Submitted: 5 months ago.Category: Family Law
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Answered in 4 minutes by:
1/16/2018
Family Lawyer: Nisha Jones,
 replied 5 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,033
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 5 months ago
Thank you
Family Lawyer: Nisha Jones,
 replied 5 months ago

I'm sorry to hear about your situation. Give me a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 5 months ago
never mind just cancel everything
Family Lawyer: Nisha Jones,
 replied 5 months ago

Under Missouri state law there are 3 avenues for terminating parental rights (TPR).

The one applicable to you would be a contested termination of parental rights where the filing of the TPR petition is discretionary.

(See Section 211.447.4)

In order to terminate parental rights on a contested basis, the court must find at least the following:

1. That termination is in the best interests of the child by a preponderance of evidence and

2. That it appears by clear, cogent and convincing evidence that at least one of the grounds for contested termination of parental rights exists.

Some examples of grounds for TPR are:

(a) Abandonment: the parent left the child without support, communication with the parent, and/or failed to visit the child. The petition requires at least a six month period of abandonment.

(b) Abuse/Neglect: court may terminate parental rights if the child has been abused or neglected. Termination of rights will not be allowed unless evidence of one out of the four aggravating factors is proven. The aggravating factors are: (1) mental condition, (2) chemical dependency, (3) severe or reoccurring abuse, and (4) repeated or continuous neglect.10 These aggravating factors, on their own, qualify to terminate parental rights

(c) Failure to Rectify: "The court may terminate parental rights for failure to rectify where the child has been under the jurisdiction of the court for a period of one year"

(d) Felony Convictions: A parent's parental rights may be terminated if the parent has committed a felony under chapter 566, RSMo, sexual offenses.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Family Lawyer: Nisha Jones,
 replied 5 months ago

In orde to initiate the petition that I explained above, you would go into the Clerk of Courts office at your local courthouse and request the TPR petition forms.

The clerk can help you with filling out and filing the necessary forms.

I hope that helps! Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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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).

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