Would my ex husband still have rights to my daughter if he gave me sole custody in the divorce?
05/26/2009 - Category:Paternity - Termination of Parental Rights - State: NM #16788
Full Question:
My ex is a two-time convicted pedophile who will be released from prison in August. What are his rights to a daughter he has never helped raise or paid child support for, and gave up his parental rights to in our divorce? We live in New Mexico, he in California.
Answer:
I'm assuming that he's the established biological father. I'm unsure of the nature of the rights he gave up. If he gave up rights to custody, he may petition the court that issued the decree for a modification of custody, based on a significant change of circumstances. Custody is a matter of the court's subjective determination of the best interest of the child. It is likely that a supervised visitation request would be granted for a pedophile in the event visitation rights are allowed.
A parent may also have rights terminated, either by voluntary relinquishment or judicial termination. A judicial termination requires proof that the parent isdunfit and/or poses a threat of harm to the child. A termination of parental rights voids any rights and obligations toward the child. The parent will no longer have rights to custody or visitation and will no longer owe a duty of support. However, it is possible that back support owed may still be collected.
The following is a NM statute:
40-10A-203. Jurisdiction to modify determination.
Except as otherwise provided in Section 204, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under Section 201(a)(1) or (2) and:
(1) the court of the other state determines it no longer has exclusive, continuing jurisdiction under Section 202 or that a court of this state would be a more convenient forum under Section 207; or
(2) a court of this state or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.
"40-12-5.1. SUPERVISED VISITATION PROGRAM. —
A. A judicial district may establish a "safe exchange and supervised visitation program" by local court rule approved by the supreme court. The safe exchange and supervised visitation program shall be used when, in the opinion of the court, the best interests of the child are served if confrontation or contact between the parents is to be avoided during exchanges of custody or if contact between a parent and a child should be supervised. In a safe exchange and supervised visitation program, the district court may employ or contract with a person:
(1) with whom a child may be left by one parent for a short period while waiting to be picked up by the other parent; or;
(2) to supervise visits among one or both parents and the child.
B. A parent may request the services of the safe exchange and supervised visitation program or the court may order that the program be used.
C. Parents shall pay the cost of the safe exchange and supervised visitation program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay for the service. The fees shall be paid to the district court to be credited to the fund."
Please see the information at the following links:
http://definitions.uslegal.com/t/termination-of-parental-rights/
http://definitions.uslegal.com/r/relinquishment/
Please see the forms at the following links:
http://www.uslegalforms.com/us/US-MOT-01409.htm
http://www.uslegalforms.com/us/US-00901BG.htm
05/26/2009 - Category: Termination of Parental Rights - State: NM #16788
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