terminating incarcerated father's parental rights

This is a discussion on terminating incarcerated father's parental rights within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My ex husband has been incarcerated since 2007 when our daughter was 6 months old. His earliest possible release date ...

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Old Oct 18th, 2009, 12:03 AM   #1
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Confused terminating incarcerated father's parental rights

My ex husband has been incarcerated since 2007 when our daughter was 6 months old. His earliest possible release date is in 2015. Neither him or his family have ever supported her, though out of fear I let him stay with us until he was incarcerated. He had threatened to take off with our daughter and told me i couldn't do anything about it until we went to court. What are the chances I can terminate his parental rights? And how do I go about attempting it? He has sent a few letters asking about her but hasn't called since 2007 to argue over the divorce. We are in Indiana and he was charged with 2 Afelonies for dealing drugs.
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Old Oct 19th, 2009, 10:42 AM   #2
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Default Re: terminating incarcerated father's parental rights

You cannot terminate his parental rights. Only he can do that. You cannot arbitrarily take a parent's rights away from them.

Just because he's abusive to you doesn't mean he'll be abusive to his children. The courts look at it this way and will not sever his parental rights just because you want him out of YOUR life. The children have a right to know their father and vice versa.

If he's not going to be released from prison until the year 2015, I think it's safe to bet he won't be taking off with your child anytime soon.
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Old Oct 21st, 2009, 11:34 AM   #3
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Default Re: terminating incarcerated father's parental rights

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My ex husband has been incarcerated since 2007 when our daughter was 6 months old. His earliest possible release date is in 2015. Neither him or his family have ever supported her, though out of fear I let him stay with us until he was incarcerated. He had threatened to take off with our daughter and told me i couldn't do anything about it until we went to court. What are the chances I can terminate his parental rights? And how do I go about attempting it? He has sent a few letters asking about her but hasn't called since 2007 to argue over the divorce. We are in Indiana and he was charged with 2 Afelonies for dealing drugs.
most states will not allow a tpr unless theres a stepparent willing to adopt. and btw, his family is not obligated to support your child. you and he, as the parents, are.
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