By John DiMotto
If a parent wishes to contest a TPR, the State must prove to a jury or to the court by clear, convincing and satisfactory evidence that involuntary grounds under 48.415 are present. If this burden of proof is met, then the court must find that the parent is unfit and the case proceeds to Disposition. If ultimately the court orders TPR, this finding constitutes a separate ground which can be the basis of a TPR on another child. However, a parent can voluntarily consent to termination and if accepted by the court the parent is not found to be unfit and the ultimate TPR judgment cannot be used as the basis for a future TPR action.
Before the court can accept the voluntary consent of a parent, the court must engage in a detailed colloquy with the parent to ensure that the decision is being made freely, voluntarily, intelligently and understandingly. This is critical since termination affects one of the, if not the most important fundamental right of any person -- the right to be a parent.
There is an interplay with a number of statutes that must be considered.
1) 48.41 recognizes the right of a parent to voluntarily consent to termination of one's parental rights.
2) 48.42(1) addresses the nature of the TPR petition and recognizes that voluntary consent exists as a ground separate and distinct from involuntary grounds.
3) 48.422 (3) and (7) set forth the statutory requirements that must be considered by the court when a parent wants to voluntarily consent to TPR.
In addition to the statutory mandates, two appellate cases have addressed the voluntary consent issue.
1) In Interest of A.B., 151 Wis.2d 312(Ct. App. 1989) makes it clear that the court must be satisfied that the decision is informed and voluntary. A careful analysis of the circumstances of the parent must be undertaken.
2) In Interest of D.L.S., 112 Wis.2d 180(1983) discusses the tremendous interests at stake and how the court must ensure that due process is afforded.
In making sure that due process is honored, the court must inquire about, and obtain directly from the parent, information regarding education, physical and mental health, employment, medication issues and drug issues. The court must be satisfied that:
1) there have been no threats, promises, force or coercion brought to bear upon the parent.
2) the parent understands that he/she is giving up important rights: right to jury trial or court trial; right to confront witnesses; right to call witness; right to testify; right to make the state meet its burden of proof.
3) the parent and counsel have thoroughly discussed the decision being made and its consequences.
4) the parent understands that the decision will result in the parent forfeiting any say in the life of the child.
5) the parent realizes that there are alternatives to TPR that may be available.
In the final analysis, if the court is sure that the parent is making his/her decision with his/her eyes wide open and that the decision has been carefully thought out with full understanding of all that is being done, the court can accept the voluntary consent and then proceed to disposition.
Notwithstanding the voluntary consent, however, the court must be independently satisfied that TPR is warranted by considering all the evidence in light of the "polestar" standard -- Best Interest of Child in light of factors in 48.426(3).
In my next blog, I will discuss the Fact Finding Phase in a TPR case.
How do permanency plans work if the child has not been in the Bureau system and remains in sole care of the mother? Father is volutarily seeking TPR. Hasn't seen the child, has no interest (was only granted supervised visitation on the grounds of domestic violence; has not resumed visitation for 13 months), and mother is not contesting this. Can you talk about hypothetical here? Child has strong relationship with both maternal and paternal grandparents.
ReplyDeleteIf a father voluntarily signs over his rights will he still have to pay child support?
ReplyDeleteIf a parent's rights are terminated the obligation to pay child support ends.
ReplyDeletemy ex is always starting drama and wanting 2 fight is there a way i can see me kids and not deal with her? like through the court or something?
ReplyDeleteYou can petition the divorce court for relief.
ReplyDeleteCan a father voluntarily sign over his parental rights even if there isnt a guy who wants to adopt
DeleteChild support is enforced for arrears even after a tpr.
ReplyDeleteMy ex-husband, per our divorce, has to have supervised visits 2 times a month because of the restraining order I have in place against him. He threatened to kill me and our 2 kids, as well as himself, so I got the order against him. Anyways, he hasn't showed up for a single visit. He claims no one will give him a ride. Anyways, NOW he is in jail, awaiting a hearing, because he has been having sex with a 14 year old girl. He's being charged with sexual assault against the same child more than 3 times. A felony. So, basically I am VERY interested in terminating his parental rights. He hasnt worked at all in the past 7 years. Never paid child support, was abusive (mentally) and now he may be a convicted sex offender. Can his rights be terminated? Do I have to be married to someone else in order for his rights to be terminated?
ReplyDeletePrivate terminations may be sought. There is no requirement that they be commenced by the State or a Department of Human Services. You do not have to be married in order to seek termination of parental rights. Whether you have enough evidence is a question of fact. You should discuss this issue with an attorney who specializes in TPR cases.
ReplyDeleteThanks for your help! I will seek out an attorney. I was just also wondering if a TPR, whether it's voluntary or not, had to wait until his criminal case is over with? Or can you do both at the same time? Maybe the outcome of his criminal case would help the TPR case?
ReplyDeleteThere is no legal impediment to filing a TPR action because of a pending criminal case.
DeleteMy ex has signed (had notarized) all of the papers to voluntarily terminate his rights. My husband will be adopting her. He lives out of the state and wants nothing to do with this any further. Can the termination be granted with him not appearing?
ReplyDeleteSection 48.41(2)(b) addresses the issue you raise. Having the father available by phone to answer any questions would be the best practice.
Deletei have 3 children-2 different mothers-and i have no contact with 2 of the 3. The mother and i have no contact and i question the paternity of one of those 2 children. I do pay support, but i struggle to do so, with barely enough left to support myself. I wasn't at the initial child support hearing because I couldn't afford to take a day off to travel to Vernon County. I don't know these 2 children except 1 is a boy and 1 girl. I would like to give up my parental rights to these 2 kids and wonder what is involved and would i continue to have to pay support for them?
ReplyDeleteCourts are very reluctant to grant a parent's request to terminate parental rights for economic reasons. With becoming a parent comes the responsibility to BE a responsible parent.
ReplyDeleteHow do you and how long do you have to reverse a voluntary TPR case?.I heard one year after is your limit.
ReplyDeleteSection 48.46(2) of the Wisconsin Statutes addresses your question. It sets forth that a motion for relief from the judgment shall be filed within 30 days after entry of judgment or order terminating parental rights unless a timely notice of intent to appeal was filed under 808.04(7m) in which case 809.07(5) governs. Usually, a notice of intent to appeal is not filed when a voluntary consent is entered.
DeleteWhat if after singing a tpr voluntarily parent gets life together and wants to have rights back, is that possible after 4 years?
DeleteMy boyfriend had a child with his high school girlfriend when he was 17. The child is now four and even though my boyfriend isn't on the birth certificate, he still payed child support and took him every other weekend. A year ago, my boyfriend was diagnosed with leukemia and put on disability, so his child support responsibilities were put on hold. He's still on disability. He lives on Wisconsin, and I just moved to Kentucky to be with my family. Now, he wishes to move down to Kentucky as well. He feels no connection to his child, whose mother has found another boyfriend and had another child. He feels the best thing would be to sign over his rights so his child can be with his new family instead of constantly tossed between two households. Would it be easy to sign over his rights? And can he move out of state ASAP or does he have to wait until the process is completely over? Can he move and do the hearing over the phone?
ReplyDeleteCourts are reluctant to grant even a voluntary consent under circumstances that you set forth because it would leave the child with only one parent. It might serve your boyfriend well to speak with an attorney who was familiar with termination of parental rights cases regarding the specifics in his case and whether there is some action he can take
DeleteWhere do I begin, My husband has had sole custody of his son since he was about 6 when his mother went to prison. She dropped out of his life for 10 years. My stepson has been in and out of trouble with the law.wrap around Milwaukee and probation,foster and group homes since age about 12-13 he has had issues with his bio mom not being in her life. She took him in at age 14 and he continued to be trouble she threw him out and we have had no contact with my step son for 2+ years living on the streets or where ever. My husband would like to know how does he go about legally no longer wanting sole custody of now 16yr old 17 in a month. Bio mother does not want either. Including family members. He is a danger and all the programs we did to help him he becameworse
ReplyDeleteYour husband may want to contact a lawyer and take the matter back before the Family Court that entered the custody order to seek relief. He might also want to contact the child protective services agency in your community to see if services can be obtained through them.
DeleteMy ex has not been part of my daughters life...he has a son with one woman and one on the way with another. He doesnt work, cant support himself or his children and has a serious drug addiction...Im curious if termination of rights is an option???
ReplyDeleteCourts are usually reluctant to terminate the rights of only one living parent unless it is for the purpose of a stepparent adoption. With respect to your specific circumstances, you might consult with a lawyer with expertise in TPR law for advice.
DeleteI haven't seen my child since 2005, nor heard from him since 2010, or know of his where about's, and I'm considing signing over my rights.I have been paying my child support obigation since I' ve come home from prison. Can I terminate my rights as the father of this child.
ReplyDeleteOrdinarily, a court will not terminate a parent's rights via a voluntary consent unless it is for an adoption. You may want to consult with a lawyer familiar with TPR law to discuss your specific circumstances.
Deletei want my ex husband to sign away his rights to our son and have my new fiance adopt him, would i be able to have that happen considering my ex has mentioned signing away his rights anyway numerous times before. And would it be difficult to make that happen?
ReplyDeleteCourts are reluctant to terminate the rights of only one parent unless it is for purpose of a step parent adopting the child. You should consult with an attorney who has expertise in termination of parental rights cases for legal advice regarding your specific circumstances.
DeleteI am confused by the seemingly straightforward and simple process to sign over TPR voluntarily in the state of WI and the answers on your blog and elsewhere online that indicate that courts are so reluctant to do it/won't do it except in the case of a stepparent adoption.
ReplyDeleteI understand the obvious and serious ramifications on both a child and parents with a TPR and am trying to determine for myself whether I need to obtain a lawyer or simply file the paperwork. If this is such a difficult process, is it recommended that anyone seeking this action be represented by a lawyer?
There are two ways that TPR cases are commenced. First by "the Government" (ie. District Attorney, Corporation Counsel or a Child Welfare Agency)in circumstances where it is seeking to terminate the rights of BOTH parents. Rarely does "the Government" start an action to terminate the rights of just one parent. The reason is that the parent whose rights are not being terminated will have the power and authority to allow the parent whose rights are terminated to continue to have a role in the life of the child which may be very detrimental to the child. Second, a private action by one parent seeking to terminate the rights of the other parent for purposes of a step parent adoption or by one parent seeking to terminate the rights of both parents so the child, usually a newborn, can be adopted by a family selected by the parent who filed the action. If a parent files a petition to do a voluntary consent of himself or herself alone, courts ordinarily will not grant the petition because usually it is a scenario where the parent is trying to shirk his/her parental responsibility -- usually to avoid child support or other financially responsibilities. A TPR must be in the best interest of the child. A parent who files a petition to just terminate that parent's rights is rarely in the best interest of the child. There is an old saying: "you can never say never and you can never say always." This is why it is important for a parent who is considering a TPR action to consult with an attorney who has expertise in TPR cases to advise a parent as to all considerations and issues in the particular case.
DeletePlease provide some insight into the court process in the case where an adoption is finalized and later (within one year of the finalization of the adoption), the birth mother enters a motion to withdraw her voluntary TPR to the court. The court refused to hear the motion and she files an appeal on the decision. What can or will occur next in the court process?
ReplyDeleteThe rights of a parent (whose parental rights are terminated based on the parent's voluntary consent) to withdraw the voluntary consent are very limited. Section 48.46(2) provides that a parent who enters a voluntary consent has 30 days after the TPR judgment is entered to bring a motion to reopen and vacate the voluntary consent based on a ground specified in certain provisions in 806.07. The only exception to the 30 time period is if that parent files a timely notice of intent to pursue relief from the judgment (within 30 days after the entry of judgment)under 808.04(7m) in which case the motion to reopen and vacate shall be filed within the time permitted by 809.107(5). As one can see from this statute, the ability to obtain relief from a voluntary consent is very limited. In the enactment of 48.46(2), the legislature makes finality for the child a priority. The Children's Code is built around the concept of "best interest of the child." If a parent seeks to reopen but cannot meet the timelines in 48.46(2) and relief is denied by the trial court, the parent may seek appellate relief from the decision of the trial court.
DeleteIn the event that the biological parent seeks relieve from the Appellate Court, what would be the next step in the process? Are all appeals heard by Appellate Court?
ReplyDeleteOnce a case is presented to the Court of Appeals, it remains in the appellate process until the appeal is resolved -unless the Court of Appeals remands the case to the trial court for further fact finding it needs before it can resolve all issues.
DeleteCan I take my son's father to court to TPR? What type of evidence is needed for the court to actually grant it? Yes, he makes child support payments. BUT only because they take it out of his paychecks. There have been numerous occasions where I have set up a time for him to see his son and when they day comes he makes up an excuse of why he can't. He hasn't seen his son in 6 months. And he's spent 15 days with our son total. I also have tons of texts saying he doesn't want anything to do with my son and I. Would this be enough evidence?
ReplyDeleteEvery case is different because of the unique circumstances surrounding every parent child relationship. While one parent can commence a private termination of parental rights action against the other parent, usually courts are reluctant to order a one parent termination, even where the parent's relationship with the child is very strained and poor unless it is being done to facilitate a step parent adoption. The reluctance is due to the fact that if the remaining parent dies the child becomes an orphan. You should consider consulting a lawyer with expertise in TPR and Adoption cases for legal advice in your specific circumstances.
ReplyDeleteMy 2 small children have not had any contact with my ex husband (their biological father) since the divorce 3 years ago. He makes no attempt to see them. Aside from the child support that is automatically taken from his paycheck he does not contribute to their life. He currently owes over $7500. in past due support and has been found in contempt twice over the past 3 years for not maintaining employment or notifying the child support agency in changes to employment or residency. I will be getting married next year and am interested in having the bio father TPR and my future husband adopt the children. Do the past due child support amounts still get paid, even after the termination of rights? And, is there ever a "settlement" amount (for lack of better words) paid to the parent maintaining custody to allow for future financial expenses? And who customarily pays for the TPR fees.. both bio parents equally? Simply put, if he owes $7500 in past due and agrees to TPR can an "agreement" be made for payments (that wouldn't be classified as support payments), or a lump sum to be received as part of the agreement? Or is that illegal? I'm not trying to imply that he would be "paying me off" in order to avoid any future custodial expenses by TPR, but is it uncustomary or illegal for a separate monetary agreement (one time settlement amount, etc) be arranged that was satisfactory for both the original bio parents? I do plan on consulting with an attorney, but I was hoping you might be able to help with some of these questions. Thanks
ReplyDeleteOnce parental rights are terminated, it ends the responsibility of the parent to pay future child support. It would be best for you to discuss with your own attorney your questions regarding any settlement for past due child support.
DeleteIn reguards to a tpr my daughter is almost 9 years old her ajudicated father met her when she was 3 weeks didnt hold her or anything didnt even pay attentiin to her we went to court and he verbally gave up his rights nothing further was done his name was not put on her birth certificate and she doesnt know of him he does not and has never paid child support my husband and I have taken care of her since the day she was born the only way I know to reach this guy is through facebook trying to find the easiest way for my husband to adopt her with out dragging her through the jury and courts can he voluntary give up his rights with out going to court or could this be ground of abandonment to his parental responsibilities?
DeleteYou have the ability to file a Private TPR action and allege both Voluntary Consent on the part of the adjudicated father, and in the alternative an involuntary ground. If he does not want to do the Voluntary Consent, he has a right to contest the proceedings, including the right to a jury trial. I would suggest that you contact a lawyer who has expertise in Private TPR cases to give you advice and counsel and representation to avoid problems.
DeleteI’m getting a divorce and the court says that since I was pregnant when we got married my soon to be ex-husband is LEGALY the father of my son. Can he give up his rights after the divorce? They want him to stay legally the father after the divorce FOREVER??? No I don’t know who the father is!
ReplyDeleteCourts are reluctant to terminate the parental rights of a "legal" father, which is the case with your husband because if the parent raising the child dies, the child becomes an orphan. Also, termination ceases a child support obligation which can be financially detrimental for the child. You should consult with your divorce lawyer for further details.
DeleteMy brother was forced by the courts to give up his parental rights to his son . He has been deceased for 6 years now :( . His sons mother also gave up her rights to him and unbeknownst to me or my mother her dad and stepmom adopted him . We didn't know anything about it until a few years later . Do we have any rights to visit him or not ? Thank you for your time .
ReplyDeleteTermination of parental rights completely severs the legal ties between the child and all birth family members. The adoptive parents can make all the decisions with respect to the child can or cannot see
DeleteIm in arrears approx $27,000 that I have full intention on paying plus current support. If my ex girlfriend gets married, does her husband have any legal obligation to pay or support her and my child even if he didnt adopt? And what affect, if any, could said marriage have on me petitioning for TPR?
ReplyDeleteA marriage does not create a legal obligation to pay child support unless the parent adopts the child after the birth parent's rights are terminated. In yoiur circumstance, ordinarily unless you and the mother agree to your termination so her husband can adopt, a petition to terminate may not be accepted. You should consult with an attorney regarding your specific circumstances.
DeleteIf a mother is getting assistance from the state. Can the father sign his rights away and does he still have to pay child support.
ReplyDeleteIf a father has his rights terminated voluntarily or involuntarily, under Wisconsin law his obligation to pay future child support is also terminated. However, the father is still liable for any arrearages.
ReplyDeleteIf a father pays child support but wants to terminate his rights as a parent but the mother lives off the child support for her own being can he still voluntarily terminate his rights or does the mother has to be okay without the child support?
ReplyDeleteVoluntary consents based on financial considerations are not granted by courts. It is not deemed in a child's best interest.
DeleteWhat if the State continues to pursue current child support payments, not just arrears, with accrued interest and income tax leans on a parent who has signed over his parental rights? Is there legal recourse for this parent?
ReplyDeleteThe State can pursue arrears and interest on the arrears aftert termination but they cannot pursue any current child support once rights have been terminated. However, the State is not automatically notified - they must be told about the TPR.
DeleteWow. What a disheartening mess. I love my daughter whom I don't even know. I know I need to take responsibility for fathering a child but the State makes it so hard to do the right thing with their harsh penalties of interest and tax leans and the warrant. It's just impossible to get caught up and attorneys are so expensive. There has to be a simpler solution. Im not a bad person. But this situation is haunting me.
DeleteWhat are the actual step to an appeal for a TPR? If an appeal is granted does that mean another trial?
ReplyDeleteThe appeal process, requirements and timelines are very intricate. Any person considering an appeal should consult with an attorney with expertise in TPR cases to make sure compliance with all of the rules occurs. If an appeal is successful it may mean a new trial -- but not necessarily. It depends on the issue that is appealed.
DeleteWell a TPR was granted and now the bio mom is appealing. How long does it usually take to hear if the appeal is successful?
DeleteTPR appeals are usually expedited but they can still take anywhere from 90 days to 9 months or so. Every case is different based on the specific issues in the case.
DeleteMy late brother terminated his parental rights so that his daughter's step father could adopt her. I have not seen the daughter for 40 years. I am the only other living relative. The attorney wants a copy of the termination of parental rights for the estate - are they public documents, or would I be able to secure a copy for court purposes? In addition, my brother died in Nevada and I have secured an attorney there.
ReplyDeleteIn Wisconsin TPR documents are not ordinarily public documents. You should consult with an attorney in the State where the TPR occurred for advice on how to proceed with such a request.
DeleteMy daughter's father wants to voluntarily terminate his parental rights in the best interest for her and my husband would like to adopt her. Do you by chance know what papers need to be filled out? How much it will cost and how long it can take for this process? Will there be a court hearing? Also I was wondering if we would have to file for a name change to change my daughter's last name or if that would be included in the stepparent adoption? I apologize for all the questions! Not sure how this works.
ReplyDeleteThank you in advance :)
In terms of the paperwork and cost and the process: First, Termination must be completed and then Step Parent Adoption can follow. The time to complete the process depends on proper service of process and the involvement of a guardian ad litem and completion of a home study by a social service agency licencsed to do a home study. A name change can be included in the step parent adoption aspect of the case. I strongly suggest that you hire an attorney with experience in TPR/Step parent adoption cases in order to avoid pitfalls which will delay the process.
Deletequestion the mother of my step children's sister,wants to give up her rights and make her a ward of the court. can the biological father get the child even if the mother signed a new contact form?
ReplyDeleteTermination of only one parent's rights does not affect the parental rights of the other parent. However, it is quite unusual for a court to terminate only one parent's rights.
ReplyDeletewhat about grand parent rights?? would these need to be invoked before a tpr to ensure the child continues a relationship with the grand parents upon termination of parental rights by the related parent??
ReplyDeleteDuring the Dispositional Phase of a TPR action, the court will take into consideration the nature and extent of any relationship the child has with grandparents and other family members in making its determination as to what is in the best interests of the child.
DeleteCan the father of a child sign over his rights to the grandparents (Mother's parents) of the child? The grandparents have a very close relationship with the child?
ReplyDeleteA parent can not merely sign a document and "sign away" his or her rights. A termination of parental rights action must be filed and a court must find that termination is in the child's best interest.
DeleteTPR was granted in December for my foster child. About 10 days ago I received an email stating that the DA received a "Notice of Appeal" from the Bio's attorney. I thought that had to be filed within 30 days? Is this something new or the norm?
ReplyDeleteA parent who has had his or her parental rights has 30 days to file a Notice of Intent to Appeal. Once that is done, generally speaking, the parent then has to apply to the Public Defenders Office for appointment of appellate counsel. Once that attorney is appointed, that attorney contacts the parent to discuss the appeal as well as trial counsel for his or her file and to discuss the case. Appellate counsel needs to order the transcripts of the trial court proceedings and after review discusses the appeal with the client again regarding appellate counsel's thoughts and opinions. If the decision is made to appeal, then a Notice of Appeal is filed and a briefing schedule will be established. The bottom line is that appeals take time. It can be 9 months or more even though these appeals are expedited. You should contact the DA who handled your case for more specific information as it pertains to your case and the timeline for your case.
DeleteThank You. So does the nine month window include the time from the filing of a "Notice of Intent to Appeal. Or start once the "Notice of Appeal is filed?
DeleteThese are just estimates but 9 months from Notice of Intent to Appeal.
DeleteCan the birth mom appeal more than once?
ReplyDeleteThere is the right to one appeal
DeleteFor a many reasons I am about to give up my parental rights. The mother has married and he is willing to adopt the child. The mother of my child is borderline psychotic and I don't think there is anything she won't do to get what she wants. She does not work at all, as she states her occupation is a "stay at home mom," and will do anything to receive money. She is a narcissist and compulsive lier, almost believing many of her lies are actually true, and has even broke the law. She had hired a lawyer to make sure the process is completed correctly and I am a little worried by this. The attorney almost seems to be leaving me out of the case, as the final court hearing has been set and I still haven't received any paperwork for the matter. In addition, the attorney told me on the phone that I don't even have to show up for the hearing. Is there any way possible her lawyer can come up with something, bending the law in anyway, and she can have my rights terminated and still force me to pay child support?
ReplyDeleteTermination of parental rights ends the responsibility of that parent to pay future child support. If there is any arrearage that must still be paid. Once your rights are terminated you should notify the court and child support unit in the county where you make your payments and provide them with a copy of TPR order so they cancel the child support order. That will not automatically occur.
DeleteMy husband is in agreement with his children's mother to sign off his rights for the children to be adopted by her husband. He has not seen his children since 2008 and they now just started talking and are in agreement. She, however, wants my husband to file and start everything. We want to make sure we have the right paperwork before we drive to Milwaukee to file(we live an hr away but the children live in Milwaukee). Where can we find the forms to file? Do we need to file more forms other than just the petition itself? Do we have to file paperwork to have the mother notified? Also, where do we file it at? The main court house or in Tosa?
ReplyDeleteThe process is a bit complicated. There are multiple forms, service of process requirements, the need for a social service agency to investigate and report to the court, hearings in the termination (TPR) case, etc. People who try to proceed pro se usually make mistakes along the way. There is an old saying, "Don't be pennywise and dollar foolish." Best practice is to hire an attorney who knows the process to get it done right. Actually, it is usually the responsibility of the parent who wants his or her spouse to do the steparent adoption to file the TPR and Adoption case. If the child's mother does not want to do this then her husband won't be able to adopt. It is the courthouse -- Children's Court Center in Wauwatosa - where the paperwork are filed and hearings are conducted.
ReplyDeleteI have a 10 year old daughter. My ex husband has not had any contact with our daughter for over 2 years. He has never paid any child support. My fiance would like to adopt her when we are married. If my ex husband has been absent and not financially contributed anything would i likely win a TPR case? If i were to pursue a case what would be the first step be? Also initially he had brought up TPR, but recently when I contacted him he retracted that. Any help would be appreciated!
ReplyDeleteEvery case is different and fact specific. You should consult with a lawyer with expertise in termination cases.
Delete3 of my children are in fostercare, and 1 is having a tpr filed for him, due to him being a newborn with disabilities and its almost been a year. If tpr is granted, does this apply to future children aswell? As in the newborn is taken at birth, even tho healthy & no drugs in the system?
ReplyDeleteUnder certain circumstances, an involuntary termination of parental rights can be used as an independent ground to terminate parental rights with respect to other children. You should discuss this matter with your TPR lawyer.
ReplyDeleteYour Honor, I made the mistake of getting pregnant a woman that is dangerous with an extensive criminal record, who has battered me, who I have a DV Injunction against. I am more than $100,000 in non-dischargeable debit. I tried to get custody, and was slammed with all the court GAL costs that continue to rack up and even though I am the confirmed victim of domestic violence, work in the criminal justice system, and have a clean record the system has treated me in such a sexist fashion that I was given supervised visitation, when she is dangerous, and a clear and present danger to me and my 2 other children I have custody of from a prior marriage. If that is the stance that family court wants to take, I can not afford the supervised visitation at $80/hour and I don't want the civil liablity for action of a child raised in a lifestyle of drugs, gangs and crime. I am considering a voluntary TPR. On legitimate safety grounds of the father and children of the father, and the fact I will never ever cooperate with supervised visitation, when I am not a criminal and have a proven track record as a good father, would my TPR have a chance of approval,? I can not afford a lawyer and don't qualify for any free services. I am still paying of $25,000 in legal bills or more. Please help me.
ReplyDeleteYour facts and circumstances are very complicated. As I have stated in earlier responses to questions, courts are very reluctant to grant a one parent TPR. I realize that you have financial problems, but to have a more definitive answer to your question, you should consult with an attorney.
DeleteMy ex-husband and I have been divorced for 3 years. Prior to the divorce he had established a relationship with our daughters, age 6 and 9. When 3 years ago, I met my current husband, who is very involved with my daughters. My ex-husband has been very sporadic with his visitations over the last 3 years. He will disappear for 4 months and then come back and be involved with our daughters for 6 months and disappear again. My ex-husband has now been mentioning terminating his parental rights and having my current husband adopt. My ex-husband has a tendency to be very indecisive. I have documented and saved all the text messages about terminating rights and documenting when he doesn't show up. I want my current husband to adopt my daughters and my daughters want him to adopt, but my question is, what is the likelihood that the courts will terminate my ex-husband's rights considering my daughters' ages?
ReplyDeleteIf your ex-husband is willing to do a voluntary consent to terminate his parental rights, the procedure will not be complicated. However, if he is not willing to do so then you must prove a ground by clear, convincing and satisfactory evidence AND the judge must be satisfied the termination is in the child's best interest. You should consult with an attorney with expertise in TPR cases about the specific facts and circumstances in your case to determine your likelihood of success in a TPR action.
DeleteMy wife and I separated last year. I got another woman pregnant and the baby is now 2 months old. I feel no connection to this child and feel being with my wife and family is where I belong. Am I able to terminate my rights and be relieved of all responsibilities? I have spoken with my therapist but she is not fully aware of the WI laws.
ReplyDeleteCourts are very reluctant to terminate the parental rights of one parent unless it is for the purpose of a stepparent adoption. You should consult with an attorney who has special expertise in TPR cases to discuss your specific facts and circumstances.
DeleteMy stepdaughter voluntarily gave up her parental rights to her young daughter when she was in rehab for heroin. This was about a year and a half ago. Her mother adopted her daughter in December, 2013, and she is now 2 1/2 years old. My stepdaughter did not feel that she had any options when she gave up her rights and her mother promised her many things to get her to terminate. My stepdaughter has been sober for over a year now and has another baby. She feels she gave up her rights under duress. Does she have any legal options in Wisconsin? Thank you.
ReplyDeleteAppellate rights are very limited when a person does a voluntary consent. Your stepdaughter may want to consult with an attorney with expertise in TPR cases to discuss her case.
DeleteMy sister has two children with someone who has not seen them in years and only gets less than $5 a month for child support. He is in and out of jail and is currently in jail. He has indicated that is willing to terminate his rights. My sister has remarried; however, they haven't spoke about her new husband adopting the children. Would the courts allow this?
ReplyDeleteI have a child that I never knew about for close to 4 years
ReplyDeleteI feel no connection to the kid
The kid has a male figure that has been there since she was born
I am willing g to financially support it
But I don't want anything to do with this kid.
Is it possible to get granted the request to end parental rights?
You should consult with an attorney who has special expertise in termination of parental rights cases in your jurisdiction to discuss your particular circumstances. Every case is different. There is no one answer for all cases.
ReplyDeleteMy ex got married during the pregnancy of our child, and I have seen him less than a handful of times over the past 10years. They were going to try to force me to give up my rights based on there being no contact for such a long time so her husband(who's been there before the child was even born) could adopt him, but didn't have the funds to go through with the process. I do believe it is in the best interest for him to adopt the child since he's been there since before day 1.
ReplyDelete1)How do I go about voluntarily giving up my rights, preferably without having to get a lawyer?
2)With this scenario that I presented, is it more likely the courts grant my quest to voluntarily give up my rights so the step-father can adopt him?
3) Will my child support obligations end because of the termination of rights and adoption?
Thank you.
You should consult with your ex-wife about filing a private TPR action. Courts are willing to grant a voluntary consent of one parent for purposes of facilitating a step parent adoption. Many communities have self help center for people who do not have an attorney.
DeleteSo the TPR went through. The appeal went my way. But now the Bio mom is appealing to the Supreme Court. Is that process any longer or shorter than a regular appeal?
ReplyDeleteIf the Supreme Court takes the case (they decline more than they take) it could be 6 to 9 more months.
DeleteOk so my husband and I are completely stuck and do not know what to do. My husband has 2 children with his ex girlfriend. She is remarried and he has not seen his kids since 2008. She has child support for him, but has told the courts she does not want the money and wants her husband to adopt the kids however she will not file the paperwork. She doesn't want my husband involved at all but will not lift a finger to do anything about it. She told us that we have to file the TPR paperwork and adoption paperwork and everything or else she wont do anything. My husband stills gets money taken out of checks and a large part of our taxes as well. He feels that if he is not allowed to see his kids and since she wants to adopt the kids he this isnt fair and she agreed it isnt fair but wont do a thing about it. My husband wants to see his kids but they do not know who he is and they think her husband is their father. The last time he seen the kids was when they were 2 and 4. they are now 10 and 8. Is there any way my husband can file the paperwork to have his rights terminated and for the adoption?
ReplyDeleteYour husband's circumstances are complicated. TPR and Adoption may be possible but consultation with an attorney with expertise in these types of cases is of the utmost importance.
DeleteDo you know of a lawyer that we would work with families on state assistance? Or would set up a monthly payment plan? We are on a very tight budget with a child of our own to car for and currently my husband is at the hospital for a possible brain condition and could be here for quite awhile.
DeleteDepending on the community you live in, you should contact your local bar association -- in Milwaukee it would be the Milwaukee Bar Association. It has a Lawyer Referral Program which can link you up with an attorney for your special circumstances.
DeleteAn involuntary tpr was granted to the sibling of my granddaughter in another state. Does that involuntary tpr have any effect on the custody proceedings we are involved with in seeking permanent custody of our granddaughter? We have had temporary custody of her for the last year and a half? Thank you
ReplyDeleteIt depends on the law of the jurisdiction over the child living with you. There are too many variables to say.
DeleteWisconsin has jurisdiction over children living in Wisconsin. Each child is considered individually.
DeleteAt the end of 2012 my children's father ( age 3 & 4) was sent to prison. At the time I shared custody with him and his parents they had them every other week. After he got arrested his parents asked me to sign power of attorney over to them so they could get insurance on the children then they had me sign other papers as well they told me the POA wasn't going to work and they need me to sight temp custody over to them so they could get help with children they told me if I didn't sign they wouldn't help me anymore at all and I'd be on my own I was barely 20 at the time couldn't afford to care for the children all on my own I had no choice but to sign I really had no idea what I was signing I was told by the grandparents that it didn't change anything it was just a piece of paper and I could tear it up when I got on my feet and still get the children every other week. I signed in from of a notary it ended up actually be papers to terminate my parental rights then they filed to adopt the children I never knew until she texted me about a year ago telling me adoption was final? I've still kept the kid regularly I lost my job and moved in with family for a whole even then I still got them on the weekends. They get a ssi check on both kids and half the time don't have insurance on them they always go back and fourth with letting me see the kids and not I've been in my children's like their whole life. Their grandparents do not like me cause I left their son when he got on drugs. A year after I left I contacted cps cause the kids being around the drugs he refused his drug test his mom failed and I passed. Any ways their son just now got out of prison and bow they have told me o can not see the children and all anymore I just had them two days ago. I went to the clerks office to obtain a copy of what I signed but everything is sealed. I have the case number and me and my fiance plan on hiring a very good attorney. Do I stand a chance? What do you recommend doing? I'm also almost positive the grandmother still couldn't pass a drug test ant this point she's always liked to smoke weed at night. This is in Texas. Thanks you.
ReplyDeleteIn Wisconsin you cannot sign over your parental rights. The termination must be done by a judge. You need to talk to a lawyer regarding Texas law and your options.
DeleteMy brother has been paying child support for his two kids since they were 2 and 5 they are now 18 (emancipated at 17) and 20. He currently owes $2190 in arrears, $23,598 in interest and penalties and just lost his job. He lives near me in California, is there some way he can settle his arrears and get the some or all of the 23k forgiven? I've looked on the Milwaukee website and can't find the forms.
ReplyDeleteYour question is somewhat complicated. Ordinarily, If the custodian of the children was not receiving public assistance, then if the custodian is willing to enter into a stipulation with the father to settle the arrears custodian should be able to do so. However, if the custodian was receiving public assistance then the government agency would ordinarily have to agree to any stipulation because of its entitlement to some recoupment. It is best to confer with an attorney for advice and counsel given your brother's specific circumstances/.
DeleteSo I know a lady who is pregnant and she does not want the baby. My husband and I are going to be adopting the baby. She wants to sign over all rights as soon as possible. Is there a way to do that before the babys born? If not whats the soonest she can sign over rights? Both parties want to get the adoption process done with as soon as possible. And is it possible to do adotion without any lawyers. Thanks.
ReplyDeleteIt depends on the law in the state where you live.
DeleteMy ex-husband waived his rights of custody and placement of our daughter when we divorced in 2007. He was also court ordered to have no contact with either of us until 2021 related to a separate criminal case. My new husband wishes to adopt my daughter. We intend to file for a TPR and Step-parent adoption. Does the above information strengthen the case for TPR should my ex decide to contest the it?
ReplyDeleteThe information you provide appears favorable. I suggest you consult with an attorney with expertise in TPR cases to delve into all the details as they pertain to the law in your state.
DeleteMy childs mother wants to sign over her rights she has stated in text messages denouncing parentship threatning to leave her at the police station, giving her up for adotption, calling her names, and generally not wanting my daughter and causing psychological harm im very concerned that she might physically hurt her... I love my daughter dearly she is only 4 years old and shouldnt be subject to such ill treatment and have been paying child support my name is on the birth certificate would i be able to gain full parental rights
ReplyDeleteYour options would depend on the law regarding termination of parental rights and adoption in your state. In Wisconsin, a parent, such as yourself would have two options. You could see if the mother would be willing to voluntarily terminate her rights. If she will not do so, you could then determine if grounds exist to involuntarily terminate her rights. You should contact an attorney in your jurisdiction to discuss the law and your options given the totality of circumstances in your case.
DeleteI want to voluntarily give up rights of my 8 year old son. He was born in New York and shortly after moved to Wisconsin with his mother. I have only seen the child as an infant. About a year ago, his mother passed away from an illness. His mother's sisters and his grandmother have been caring for him. I found out three months after her death that she had died, and was in contact with one sister very briefly, stating the child is under her care. He has special needs, and since he has no relationship with me, it would be a very difficult transition, plus he is receiving the proper care he needs with people he is familiar with. Since he no longer has one parent, is it still possible for me to terminate my rights, giving all rights to his aunt, where he will be best cared for? If so, what is the process like? Once a form has been filed, there will be a court hearing? Thanks.
ReplyDeleteWhen it comes to termination of parental rights actions the facts and circumstances of each case weigh very heavily upon whether termination will or will not be granted. It would be best for you to contact a lawyer in Wisconsin to discuss your options.
DeleteMy ex boyfriend hasn't had any contact with our now 10 year old for 7 years. My ex now lives Milwaukee and I live Michigan but our child support case is in Forest County WI. My son wants to have the same ladt name as my now husband and 2 little sisters. I told my sons father that and he's willing to sign over his rights to him so our so can change his last name but my ex told me I would have to put in for a termination of rights instead of him just doing it.My question is how would I go about this ?
ReplyDeleteYou would need to pursue the termination in Michigan
DeleteOk thank you.
DeleteMy friend has an 11 year old disabled child and no one to help her. The dad hasn't been in her life since pregnancy. My friend is so frustrated and doesn't even want to deal with the situation anymore. Is there a way she can give up her rights and turn the child over to the state?
ReplyDeleteNot in Wisconsin
DeleteYou cant voluntarily terminate your rights in Wisconsin?
DeleteCan a father who has three children, with two different mothers, voluntarily file his Termination of Parental Rights to all of his children and still agree to leave the child support orders in place and continue to pay?
ReplyDeleteThe laws regarding termination of parental rights vary from State to State. I am not aware of a State that would favor conditioning termination with agreement to continue to pay child support. You should consult with a lawyer in your jurisdiction regarding your circumstances.
ReplyDeleteIn Wisconsin, there is a provision for voluntary termination of parental rights set forth in 48.41 and 48.42
DeleteMy husband and I have a child who has tried to harm (in more ways than one) the people in the home. He is currently locked up (he is 14) but has told us in front of his therapist that if he comes home, it will happen again. We want to terminate our rights due to the circumstances of fear of him harming us or another child in our home. Is this possible? we have called several attorneys and they say its too complicated to take the case. NEED HELP PLEASE
ReplyDeleteYou should consult with the agency in your community that provides services to children in need of protection or services with respect to your legal options in your community. You might also want to speak with the agency that prosecutes children in need of protection or services cases.
ReplyDeleteMy ex and I have been divorced for just over a year and are both remarried. We originally had 50/50 custody of our two kids. This past November he gave up custody to me, asking to only see them every other weekend (this is when he remarried). Then in Feb. he began refusing to take my son at all, only taking my daughter on his weekends. My partner would like to adopt my son. If this continues, is it grounds for seeking to have his parental rights terminated for my son so he can be adopted and have two parents who want him around?
ReplyDeleteEvery State is different in terms of how to proceed with voluntary or involuntary termination of parental rights. It sounds to me like your ex may well consent to TPR. If he does, that will make the process simpler. If he will not, then you must be able to establish an involuntary ground. I suggest that you contact an attorney with expertise in TPR cases and explore your options under your circumstances and State law.
DeleteMy husband and I are in the process of getting foster care certified to adopt our niece. The mother gave her rights up voluntarily as she new she couldn't care for the child on her own. The father is in prison and has had his rights taken away but has appealed to the appeals court and now to the state supreme court. We are awaiting decision from them. My question is can the biological mother ever live with us in our home or is that against the law sense she doesn't have rights to her child? We want her to be a part of her child's life as she is a good person just got in with a bad crowd.
ReplyDeleteOnce you adopt the child you can make whatever decisions you like in terms of who the child can or cannot have contact with just as you can with your own birth children.
DeleteI have a 14 yr old daughter who lives in IL with her Mother, Step-Father, and siblings. She was born in Milwaukee County, and all custody documents, mediation agreement, visitation, child support, etc... are in Milwaukee County. I currently live in Ozaukee County. The mother and I have agreed to let the step-father adopt my daughter, and I will voluntarily terminate my parental rights. In order to do this, would she/I file in Milwaukee County where all the child documents are ruled upon, or would we need to file where the child lives in IL?
ReplyDeleteThank you.
In Wisconsin, it would be in the County where the child lives.
Deletegood morning,
ReplyDeletemy husband wants to terminate his parental rights because he doesnt see his kid. his ex & his family brainwashed her to hate him because he married me and now he never gets to see her. he , "why pay child support when i never get to see my kids?" his daughter is 15. she made it known to him she doesnt want to see him. if he terminates his parental rights, will he continue to pay childsupport? his ex is.not married or dating so there is no one to be a step father.
If a father gave up his parental rights to a child, can he contact the child once the child is 18 years of age?
ReplyDeleteThere is no legal impediment to him attempting to contact the child there is no type of injunction in place.However, There is no obligation on the part of the child to respond.
DeleteMy daughter has a 6 year old child from a relationship with the child's father. They all resided in TN at the time of conception and birth. My daughter moved to Wisconsin 3 years ago and is married to a different man and has a second child with her husband. The biological father of the first child has had no involvement in the first child's life for the past 4.5 years. He is married also and wants to relinquish his parental rights to avoid child support. What is the process for the biological parent to relinquish his rights and the step-parent to adopt considering that they live in different states and the state of Tennessee is currently going after the biological father for back child support? The state of Tennessee is going after the biological father because of public assistance that my daughter had for her and her child prior to her getting married, as a result of the biological father providing zero support for the child. My daughter is willing to forget about the past child support.
ReplyDeleteAnd action to terminate parental rights takes place in the state where the child lives. With respect to child support that may be owing to a state based on public assistance the laws of that state govern.
DeleteIMy ex husband voluntarily terminated his rights a little over 11 years ago. My daughter is 16, he has not had any contact with her until recently for almost 15 years. My ex has contacted through facebook saying that his health has been declining and regrets his decision to terminate. I have allowed my daughter to talk to him on the phone a couple of times because she feels that she will regret it if he passes and she doesn't take the opportunity to talk to him while she can. My daughter, myself and my husband have talked about her meeting her bio-dad in a public place if she decides she would like to do so. My husband is going to adopt her and we are working on the proceeding as we speak. Is there any way that my ex could get his rights reversed and be back in her life?
ReplyDeleteI am not aware of a case in Wisconsin after that many years where a termination was ever reversed.
DeleteIs there a way to reverse an adoption after a voluntary consent for tpr and it has been almost a year that the adoption has been completed
ReplyDeleteThe circumstance are limited. To explore your options you should consult with an attorney with TPR/Adoption experience.
DeleteI am a foster parent. I have had a foster child for 18 months, since baby was 2 months old. Mom is in jail due to several crimes. Dad does not want child. He wants us to adopt child. Foster care system wants to wait for mother to be free in one year for her to try reunification. She already lost several kids by TPR. She has a history of drug use and severe psychiatry issues. What can I do to advance adoption? Mom is in and out of prison, but the state is doing nothing to provide permanency. Who can I talk to about this? I do not want the child to suffer in the system and do not intend to be involved in a situation that confuses and harms the child. Thank you so much for your advice. RO
ReplyDeleteYou might want to talk with the DA in your county about the circumstances. However, parent's rights are fundamental and not easily terminated.
DeleteMy husband gave up his parental rights after the mother of the child continued to deny him the ability to see his child. She also told him that she was getting married to man that the child has known as his father. Wanting the best for him he went through with the TPR. He later, (after the five day appeal period) found out from the mother's sister that the man she married had not been around the whole time and that it the marriage was arranged to get my husband to give up his rights. The adoptive father went on to abuse my husband's son as well as the mother of the child. My husband had contacted many lawyers but no-one gets back him. Is there anyway to reverse the tpr or re adopt him?
ReplyDeleteIt can be very difficult to reverse a TPR. The laws differ from State to State. You should consult with an attorney in your jurisdiction regarding your rights and options.
DeleteThe birth parents of our foster child had their rights terminated in April 2015. The father involuntary and mother voluntary tpr. The birth father moved to another state and married. In October 2015 the father filed a motion to have rights reinstated. Motion was denied. He then filed an intent to appeal and today 2/6/16 filed an appeal. Isn't his time to appeal expired based on the fact that the initial TPR was granted 10 months ago?
ReplyDeleteThere are no easy answers.
DeleteThere are a lot of variables. He may have filed a timely notice of intent to appeal immediately after the TPR. Perhaps there were post-verdict motions that extend the time to file the notice of intent to appeal. If he missed all the deadlines then the appeal may be denied for not complying with deadlines. You should call the prosecuting attorney and ask the questions.
ReplyDeleteMy ex voluntarily terminated his rights and the case was closed in August of 2015. He has never once reached out or contacted me. My now ex husband was going to adopt my son in November of 2015, but I had decided to get a divorce and not go through with the adoption. The judge has sense set a hearing to possibly reopen the TPR because my son does not have a legal father. Is this common?
ReplyDeleteThis is not common. However, the statutory and/or case law in your state should address this issue.
DeleteMy son's ex-wife would like her husband to adopt my son's children. She is adopting her husband's children, since her husband was a widow when they met, and they want all of the (6) children to be legally one family. She doesn't want anyone to break up the family if something happens to one of the parents. My son is in agreement as long as he can continue to visit his children after the adoption. She and her husband have verbally agreed that the visitation will continue. She has also agreed to drop child support arrearage that he owes. He has always paid support, but he accrued arrearage when he had a gap in income for a short period. Is there any way to assure he can keep contact with the children and is it possible for the arrearage to be forgiven by his ex-wife? Thank you
ReplyDeleteThe answer to your question is very much dependent on the law in the state with the children live. Your son should seriously consider consulting a lawyer in his jurisdiction regarding his rights in that jurisdiction.
DeleteMy boyfriend has dislexia and has an extremely hard time reading. His exwife said that he was signing divorce papers and then later said that he actually sign his parental rights away. She did not allow him to visit or communicate with his only son. Now she has decided that she can't handle her sons attitude. And after 8 years of alienating the father from the child's life she sends him to live with us in my home and I just enrolled him in school. He is 14 now. NY boyfriend believed he had no rights but he tells me he has a outrageous child support amount that he owes. My question is why does he owe child support if his rights are terminated. And what if she lied and tricked him into believing he could not be apart of his child's life? He would have been there financially for his son if he would have known he was allowed to. Can anything be done so he can be recompensated for the pain and suffering of having his child taken from him under false pretenses. And can she be in trouble for deceiving him about his rights
ReplyDeleteThere is no easy answer to your questions. Your facts are quite complicated. Your boyfriend should consult with an attorney to find out what recourse he has in light of the circumstances of his specific case.
DeleteI believe it was June of 2016 when my daughter’s father terminated his rights. He also THOUGHT that would be the way to stop child support. After the judge explained to him that is doesn't work like that. He became furious and stormed out after the judge read everything and explained to him what he was asking the court to do.
ReplyDeleteMy question is what does he have to do to get the rights to my baby back?
He needs to consult with a lawyer in the jurisdiction where the termination occurred for legal advice with respect to his rights.
DeleteI had terminated my rights probably about 7 years ago. My son was adopted to a different family. I have been on disability since I was about 21. My problem is, that Wisconsin never sent the termination papers to the state I live in now. Just recently I found that out. Is there something I can do about that, as far as getting anything back, that I shouldn't have been paying in the first place, or am I just s.o.l?
ReplyDeleteYou should contact a lawyer in your state to explore your options.
DeleteI have 2 daughters and their bio father just found out that he has a son with someone else. He works all of the time to pay child support to me, while he can barely provide for himself, and the other mother wants to go after him for as much as she can get. If he was interested in tpr to his son, would he be able to keep his rights to my 2 girls?
ReplyDeleteIt would depend on the law in the State where he lives. In Wisconsin, each child is different, it is not an all or none situation. He should consult with an attorney in his State.
DeleteSo about two years ago my son was taken by cps and I did everything they asked me to do and then my son was given back to me on a trial reunification ,I had to take care of old warrants and they added up to seventeen days my case maneger then asked her supervisor if my son can go to rasbick a group home for the days I was locked up and she said no to put my son back in foster care and about three weeks later my case maneger filed a tpr on me and so i was scared that if i took it to trial and I lost that my rights would be taken every time I have a child so i voluntary terminated my rights and I'm pregnant with my second child what will happen to my second child i was not found unfit at last court date please tell me what you can to help me...
ReplyDeleteThe law in every state is different. In Wisconsin, the relationship between parent and child is what matters most, not what has happened in the past unless the parent puts the child at risk and then if CPS has to get involved and a court action is started what happened in the past is a factor. It is best for you to consult with an attorney with TPR experience for advice in your situation and in your state.
Delete