Terminating rights

[hagatha]

Soc,

My daughter was the victim of a DV assult. The assult happened while she was pregnant. The BF is presently in state custody. He will be released the en of the month.

 There is a RO in place that expires June '07.

There is a criminal court Stay Away Order that will not expire until Nov 2014.

Daughters fiancee was present for child's birth and signed the affidavit of paternity and is currently listed on the child's BC as father. Child is covered under his insurance and is listed as his daughter.

The BF filed a petition (from jail) for custody/visitation.

The hearing officer (here it is a master) dismissed the petition because paternity had not been legally established. He suggested the BF find an attorney and petition and pay for a paternity test after he is released. Also during the hearing the master informed the BF of the childs true last name and the affidavit of paternity my daughter presented to him.

Daughter and FSIL have a agreed order for shared physical and legal custody.

Should the BF choose to proceed with a paternity action and custody petition they, my daughter and FSIL would petition to terminate.

Facts regarding BF as follows;

1. BF has a criminal history of violence and DV.  Several RO's from previous girlfriends and other family members including his father.

2. BF has an admitted history of drug abuse. (BF admitted in open court he agreed to an early parole from a previous drug charge and accepted the conditions to live in half-way house and attend AA & NA meetings with the sole intention of violating the terms of parole immediatley upon his release. He actually stated he accepted this release so he could be free to abuse drugs again) His statement was made during the sentencing phase of the DV conviction.

3. BF violated the RO continually from the origional issue date until the criminal court Judge issued her Stay Away Order and imposed his sentance.

4. BF violated the "spirit" of the Stay Away Order issued by the criminal court. While the Judge did not impose any additional time to his existing sentance, she did issue a warning that any further violations would be dealt with swiftly and severly. She also extended the order to include any contact with the child outside a family court order.

(The violation of the Stay away order involved the BF sending a letter to the child who is only 16 mths old.)

5. The BF has another child that he neither sees or supports. Several months ago the BF wrote to several neighbors asking for their help to kidnap that child. The child is in the custody of the maternal grandmother and she is in the process of moving far, far away. She has not, to my knowledge attempted to take any legal action. However, I am trying to get copies of the letters to use, if needed.

6. The BF has not been able to maintain employment for longer than a month or so and has no real visable means of support, no real marketable skills and no family willing to help him get on his feet.

7 the BF is 28 yrs old and has been in the criminal court system since he was a juvinile.

8. We have second hand knowledge, but no proof, the BF will make an attempt to grab my daughter and/or my grand-daughter.

Question:

1. In your opinion, are the facts regarding the BF sufficient to terminate should BF choose to challange paternity?

2. If not sufficient what more would be needed?

Thanks,
The Witch

[socrateaser]

>Question:
>
>1. In your opinion, are the facts regarding the BF sufficient
>to terminate should BF choose to challange paternity?

Clear and convincing evidence that termination is in the child's best interests and that no parent-child relationship exists or was ever attempted, appears to exist in your facts. But, it's still up to the judge. It's certainly worth a shot.