My question involves a child custody case from the State of: California
Hello,
I have two children with my ex husband. They are ages 5 (2-25-09) and 2 (4-24-12). My ex has been incarcerated since 9-11-12 for domestic violence. He plead guilty and was sentenced to 4 years and 8 months in prison with the possibility of early release based on good behavior. Originally, I was told to expect him to be released in January of 2015. But he has gotten in trouble while in prison, and it appears that he might serve the full 4 years and 8 month sentence.
I filed for a divorce in early 2013 and received full custody of our children with no visitation rights to my ex husband. I asked about terminating his rights during my divorce, but the legal secretary I hired felt it was a bad idea to try to terminate parental rights because of child support reasons. However, I have no interest in collecting child support from my ex husband. I make ends meet and provide for my children without his help. During our 6 years of marriage he did not maintain a job for any length of time, was heavily addicted to meth, and was disengaged with our children. He was not physically abusive to our children; however, he was physically, sexually, and emotionally abusive to me. He would spend all the money, that I earned at work, on his drugs. He would tell my oldest son that I was a whore and ask him if he had seen me kissing any other men. (I was faithful during our entire marriage.)
My oldest son has a vague memory of his father and my youngest son has no recollection of him at all. I am worried that my ex could potentially try get visitation at a later date as his rights have not been terminated. I am very concerned and feel that this would not be in the best interest of my children. And I don't believe it is fair for a man who has not been a father to his children to create havoc at a later date by trying to come into their lives. Furthermore, I feel that the only reason he would seek out the children is at his parents prompting and he would use the situation to try to hurt me.
I do my best not to speak ill of my ex husband as I don't want to influence my children's opinion of him, but I know that he is no good for them. If they choose to have a relationship with him when they are adults, I cannot stop them. BUT it is my duty to protect them while they are children.
What can I do? Are there sufficient grounds for terminating his parental rights?
Thank you for your help. :-)
Hello,
I have two children with my ex husband. They are ages 5 (2-25-09) and 2 (4-24-12). My ex has been incarcerated since 9-11-12 for domestic violence. He plead guilty and was sentenced to 4 years and 8 months in prison with the possibility of early release based on good behavior. Originally, I was told to expect him to be released in January of 2015. But he has gotten in trouble while in prison, and it appears that he might serve the full 4 years and 8 month sentence.
I filed for a divorce in early 2013 and received full custody of our children with no visitation rights to my ex husband. I asked about terminating his rights during my divorce, but the legal secretary I hired felt it was a bad idea to try to terminate parental rights because of child support reasons. However, I have no interest in collecting child support from my ex husband. I make ends meet and provide for my children without his help. During our 6 years of marriage he did not maintain a job for any length of time, was heavily addicted to meth, and was disengaged with our children. He was not physically abusive to our children; however, he was physically, sexually, and emotionally abusive to me. He would spend all the money, that I earned at work, on his drugs. He would tell my oldest son that I was a whore and ask him if he had seen me kissing any other men. (I was faithful during our entire marriage.)
My oldest son has a vague memory of his father and my youngest son has no recollection of him at all. I am worried that my ex could potentially try get visitation at a later date as his rights have not been terminated. I am very concerned and feel that this would not be in the best interest of my children. And I don't believe it is fair for a man who has not been a father to his children to create havoc at a later date by trying to come into their lives. Furthermore, I feel that the only reason he would seek out the children is at his parents prompting and he would use the situation to try to hurt me.
I do my best not to speak ill of my ex husband as I don't want to influence my children's opinion of him, but I know that he is no good for them. If they choose to have a relationship with him when they are adults, I cannot stop them. BUT it is my duty to protect them while they are children.
What can I do? Are there sufficient grounds for terminating his parental rights?
Thank you for your help. :-)
Custody and Visitation Issues: Terminating Parental Rights of an Absentee Parent
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