How would I terminate my parental rights to children born outside my marriage?
Full Question:
Can I give up my parental rights to my two children without the mother's consent? If so, what are the proper steps that I should take? These children are not by wife and they both have different mothers. I am aware that I have child support owed on the 7-year old and the mother of the 1-year old is trying to pursue child support. I would like to give up my rights to the 1-year old, as well as the 7 year old, as quickly as possible. I can't afford to pay any child support but my wife and I have three kids at home to take care of. I know that these outside children are my responsibility, however, I don't see them, I don't know where they are residing and I only hear from the mothers when they are in desperate need of money.
11/04/2007 |
Category: Paternity ยป Termination ... |
State: Alabama |
#11571
Answer:
The following are Alabama statutes:
§ 26-18-5. Who may file petition.
(a) A petition may be filed by the Department of Human
Resources, any public or private licensed child-placing agency
or parent, with permission of the court, or any interested
party.
(b) In the case of a child who has been in foster care under
the responsibility of the department for 15 of the most recent
22 months, or, if a child has been abandoned or the parent has
committed murder of another child of that parent, committed
voluntary manslaughter of another child of that parent, or has
aided, abetted, attempted, conspired, or solicited to commit
such a murder or such a voluntary manslaughter, or has
committed a felony assault that has resulted in serious bodily
injury, as defined in Section 26-18-7, to the child or to
another child of the parent, the department shall file a
petition to terminate the parental rights of the parents of the
child, or if the petition has been filed by another party, seek
to be joined as a party to the petition, and, concurrently, to
identify, recruit, process, and approve a qualified family for
adoption unless one of the following occurs:
(1) The child is being cared for by a relative.
(2) The department has documented in the case plan, which
shall be available for court review, a compelling reason for
determining that filing a petition would not be in the best
interests of the child.
(3) The department has not provided to the family of the
child, consistent with the time period in the department's
case plan, such services as the department deems necessary
for the safe return of the child to the child's home, if
reasonable efforts are required to be made with respect to
the child.
§ 26-18-7. Grounds for termination of parental rights; factors considered;
presumption arising from abandonment.
(a) If the court finds from clear and convincing evidence,
competent, material, and relevant in nature, that the parents
of a child are unable or unwilling to discharge their
responsibilities to and for the child, or that the conduct or
condition of the parents is such as to render them unable to
properly care for the child and that such conduct or condition
is unlikely to change in the foreseeable future, it may
terminate the parental rights of the parents. In determining
whether or not the parents are unable or unwilling to discharge
their responsibilities to and for the child, the court shall
consider, and in cases of voluntary relinquishment of parental
rights may consider, but not be limited to, the following:
(1) That the parents have abandoned the child, provided
that in such cases, proof shall not be required of reasonable
efforts to prevent removal or reunite the child with the
parents.
(2) Emotional illness, mental illness or mental deficiency
of the parent, or excessive use of alcohol or controlled
substances, of such duration or nature as to render the
parent unable to care for needs of the child.
(3) That the parent has tortured, abused, cruelly beaten,
or otherwise maltreated the child, or attempted to torture,
abuse, cruelly beat, or otherwise maltreat the child, or the
child is in clear and present danger of being thus tortured,
abused, cruelly beaten, or otherwise maltreated as evidenced
by such treatment of a sibling.
(4) Conviction of and imprisonment for a felony.
(5) Unexplained serious physical injury to the child under
such circumstances as would indicate that such injuries
resulted from the intentional conduct or willful neglect of
the parent.
(6) That reasonable efforts by the Department of Human
Resources or licensed public or private child care agencies
leading toward the rehabilitation of the parents have failed.
(7) That the parent has been convicted by a court of
competent jurisdiction of any of the following:
a. Murder or voluntary manslaughter of another child of
that parent.
b. Aiding, abetting, attempting, conspiring, or
soliciting to commit murder or voluntary manslaughter of
another child of that parent.
c. A felony assault or abuse which results in serious
bodily injury to the surviving child or another child of
that parent. The term "serious bodily injury" means bodily
injury which involves substantial risk of death, extreme
physical pain, protracted and obvious disfigurement, or
protracted loss or impairment of the function of a bodily
member, organ, or mental faculty.
(8) That parental rights to a sibling of the child have
been involuntarily terminated.
(b) Where a child is not in the physical custody of its
parent or parents appointed by the court, the court, in
addition to the foregoing, shall also consider, but is not
limited to the following:
(1) Failure by the parents to provide for the material
needs of the child or to pay a reasonable portion of its
support, where the parent is able to do so.
(2) Failure by the parents to maintain regular visits with
the child in accordance with a plan devised by the
department, or any public or licensed private child care
agency, and agreed to by the parent.
(3) Failure by the parents to maintain consistent contact
or communication with the child.
(4) Lack of effort by the parent to adjust his or her
circumstances to meet the needs of the child in accordance
with agreements reached, including agreements reached with
local departments of human resources or licensed
child-placing agencies, in an administrative review or a
judicial review.
(c) In any case where the parents have abandoned a child and
such abandonment continues for a period of four months next
preceding the filing of the petition, such facts shall
constitute a rebuttable presumption that the parents are unable
or unwilling to act as parents. Nothing in this subsection is
intended to prevent the filing of a petition in an abandonment
case prior to the end of the four-month period.
