tag:blogger.com,1999:blog-5077774759289052226.post2379845048881367770..comments2024-03-18T14:09:39.985-05:00Comments on Bench and Bar Experiences: Termination of Parental Rights Law in Wisconsin -- Grounds for TerminationJohn DiMottohttp://www.blogger.com/profile/15521940768659333581noreply@blogger.comBlogger255125tag:blogger.com,1999:blog-5077774759289052226.post-66687651290442793222018-02-25T08:12:23.692-06:002018-02-25T08:12:23.692-06:00There is a mechanism to obtain a TPR and then adop...There is a mechanism to obtain a TPR and then adopt. Every state has its own laws. You should contact a lawyer with expertise in TPR law in your state to advise you.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-59795699465580611192018-02-25T07:49:02.107-06:002018-02-25T07:49:02.107-06:00My son hasn't seen his father for 2 years, the...My son hasn't seen his father for 2 years, the father doesn't call or pay child support I know the father is not in the USA and can't come to the state due legal status. He lives in Spain. Can my husband adopt my son? Can I fill for TPR?Carmenhttps://www.blogger.com/profile/13093124356214084563noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-59299212034813865842017-09-23T17:26:21.378-05:002017-09-23T17:26:21.378-05:00 You should contact an attorney with experience in... You should contact an attorney with experience in termination of parental rights cases to discuss the details of your case and your options. John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-68200733470425873722017-09-23T15:52:00.885-05:002017-09-23T15:52:00.885-05:00From Wisconsin. Son was adopted from Ukraine in 2...From Wisconsin. Son was adopted from Ukraine in 2005. Has been getting harder a harder to control from co duct disorder. Has gotten into drug addiction and in and out of hospital constantly. We are involved with county workers. Under court order until August 2018. Need to se d him to drug rehab $$$. We cannot take much more. Family is disintegrating. He doesn't want to be at our house and I am not so sure I want him here any more. Can we voluntarily give up parental rights? Please help. I am my wits end. Had a JIPS order last January. Won't stop doing drugs. Lots of diagnosis and prescribed meds for him does more drugs on top. Steals from stores the drugsAnonymoushttps://www.blogger.com/profile/13176118042171761870noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-56977455291326206022017-04-28T08:35:43.930-05:002017-04-28T08:35:43.930-05:00 Laws regarding termination of parental rights and... Laws regarding termination of parental rights and adoption are different state by state. Your circumstances are complex. You should discuss your case with a lawyer who has expertise in these two areas of the law. John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-2319121355099184722017-04-28T06:02:04.188-05:002017-04-28T06:02:04.188-05:00I have been raising a girl "my daughter"...I have been raising a girl "my daughter" since she was born, she is now almost 16. She has my last name but I am not her biological father. Her biological father has not seen her since she was 3. He did go to court for visitation when she was 2 and got visitation approved, but then only went through with it 4 times that year and hasn't even contacted to see her since. He did tell me years ago he wanted to give up his rights. The problem I have is her mother is now married to another man so I don't know if there's a way for me to adopt her. The judge in my town yelled at me when we went to court when she was 2 because she had my last name, so it's gonna be a big fight to adopt, but I don't care because she's my daughter. Any help would be greatly appreciated. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-19002098583593421092017-03-29T15:15:18.376-05:002017-03-29T15:15:18.376-05:00 The question you pose is addressed in Wisconsin s... The question you pose is addressed in Wisconsin statutes section 786.36 and 786.37. You should probably contact a lawyer with expertise in these types of cases to examine all of your facts and circumstances John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-16712837112477731372017-03-29T14:20:51.511-05:002017-03-29T14:20:51.511-05:00Hello - I am a step father to a 9 year old. her f...Hello - I am a step father to a 9 year old. her father has never provided any type of support whether financial or otherwise. he is on the birth certificate. He pretty much didn't contact for years, but has recently been trying to contact her. We let her call him if she asks, but otherwise minimal communications and again, zero support. I have been taking care of her for 7 1/2 years and her Mom and I have been married almost 5 of those years. We also have 2 other children together. She has recently asked if we can change her last name to a hyphenated name with my last name added. Is there a way to get this done without involving the birth father? What are my options? Do we file child abandonment first, then change the name? Do I adopt her and can I without his consent? He has never adjudicated his parental rights. HELP!!!Anonymoushttps://www.blogger.com/profile/00432510507470369007noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-84565916781487032782017-02-22T15:39:30.688-06:002017-02-22T15:39:30.688-06:00 Your friend should consult with an attorney who h... Your friend should consult with an attorney who has special expertise in termination of parental rights cases to run by all the facts and circumstances with the lawyer to see what options she has available John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-32550728306658218902017-02-22T15:00:06.427-06:002017-02-22T15:00:06.427-06:00I have a friend with an interesting scenario. Almo...I have a friend with an interesting scenario. Almost two years ago she lost parental rights to her daughter. She showed up for a custody trial and they didn't let her in. They had a hearing without her and when all was said in done she lost visitation and parental rights with her daughter. She, at the time, was suffering from untreated bipolar and PTSD (caused in part by her exes abusive nature during their marriage). She violated the law and was placed on two years probation and forbidden from seeing her daughter. Since then, she has followed ALL of the directed orders from the court. She has been through continual and intense therapy, kept on top of her medications, has worked steady employment (for the most part), is in a stable relationship with a very responsible man, and has had no incidences of any type in the past two years. She is on disability due to her mental illness diagnosis but has proven to be stable and safe. She has no alcohol or substance abuse issues. She has never posed a threat to her daughters safety. She would very much like to see her daughter again, either via visitation or shared custody. However, I'm reading that once parental rights have been terminated in the State of Wisconsin, it is nearly impossible to get them reinstated. Is this true? Is there no redemption for those who have worked very hard on turning their lives around?<br /><br />Thanks! Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-45776182211465689532017-01-20T15:32:27.335-06:002017-01-20T15:32:27.335-06:00 Your facts and circumstances are very complex. Y... Your facts and circumstances are very complex. You should consider consulting with a lawyer who has experience with termination parental rights actions to advise you. John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-71563175227344655332017-01-20T15:07:45.061-06:002017-01-20T15:07:45.061-06:00My daughter is 9 years-old. Her father is from the...My daughter is 9 years-old. Her father is from the same town as me and still lives in the area. We were together but not married when our daughter was born, and living together. Our court order says we have joint custody, but I have Primary/Physical Placement. We have no visitation established in the order, it just basically states I cannot refuse him visitation within 14 days, as long as he gives reasonable notice. He had asked once about 5 years ago to see her, she went to his house for 3 hours and he hasn't asked to spend time with her since. I have a relationship with her paternal grandparents and allow visitation with them when they ask (usually one to two days/month). When it's convenient for the dad, he will stop by his parent's house when our daughter is there to say hi, ask his parents for money, and leave. The times my daughter's father is at his parent's when my daughter is there, she comes home to talk to me for better understanding of why her father acts the way he does (immature, selfish, rude, inconsiderate). He is mean to his sister, which upsets my daughter because she loves her aunt, but if I try to say anything to my daughter's father it turns into an argument and him accusing me of brainwashing and manipulating our daughter. If I express these concerns to grandparents, they try ti make up excuses or blow it off like it's no big deal. My daughter's dad is also a struggling addict that is living with his significant other, who is 11 years older than him and also has substance abuse problems (she has 3 OWI's in WI and hasn't lived in the state more than 20 years). They both use, and also have domestic disputes. My daughter's father is extremely intelligent and a master of manipulation. Now, him and his s/o got in a fight and instead of calling the police, called his parents. His parents said he can move home only if he goes directly to inpatient rehab. This is his 4th or 5th attempt at inpatient, but no one has even informed me of him being in rehab. Being from a small town, news travels fast, and I unfortunately find out more than I care to about him at times. Is there any grounds for TPR?? I have been with my s/o for 7+ years and his daughter who is 6 months older than mine. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-79185242701871407862017-01-05T06:59:28.296-06:002017-01-05T06:59:28.296-06:00The laws regarding termination of parental rights ...The laws regarding termination of parental rights and adoption vary from state to state. In Wisconsin, in order for a stepfather to adopt his wife's child, the parental rights of the birth father must first be terminated. Grounds for termination must be proven and the court must determine that termination is in the best interest of the child. Termination may be voluntary by the birth father or involuntary. These are complex cases and issues. You should consult with an attorney with expertise in these types of cases.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-5494151237552683562017-01-04T16:33:14.028-06:002017-01-04T16:33:14.028-06:00Daughter is five. Biological father went to prison...Daughter is five. Biological father went to prison when I was five months pregnant. We never married. He signed paternity papers for child support while incarcerated. He was released when she was two. Never paid child support, and daughter has no clue of his existence. My husband has been in three quarters of her life and wants to adopt her. He is the only father she knows. What challenges do we face when it comes to the adoption and what will court say about biological father?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-31698222211873250922016-10-19T17:07:27.542-05:002016-10-19T17:07:27.542-05:00Laws differ from state to state. Your daughter...Laws differ from state to state. Your daughter's boyfriend should consult with an attorney in his state to discuss his rights and obligations.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-65597955034266127832016-10-19T14:44:10.668-05:002016-10-19T14:44:10.668-05:00My daughters boyfriend after just learning she was...My daughters boyfriend after just learning she was pregnant with his child, learned he had another son that was almost 6 years old, and the mother filled for support and insurane payment. He had not seen the child in 6 years and now she wants to make him pay can he terminate his rights because he didn't even know it was his? She kept it from him until she learned he was about to have another child. How can that be legal?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-67133879705643234402016-09-24T07:27:43.272-05:002016-09-24T07:27:43.272-05:00You need to speak with a lawyer in your jurisdicti...You need to speak with a lawyer in your jurisdiction regarding its TPR laws and your options.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-53068701143245237132016-09-23T22:17:58.108-05:002016-09-23T22:17:58.108-05:00If the father haven't seen child since she was...If the father haven't seen child since she was 3 years old because the mother vanished to another state and never seen her but yet she put me child support in 2015 and I'm paying for child support child is now 15 years old since she put me child support I'm asking to see her but the child doesnt want to see me or talk to me we went thru all the steps that the court order to do. The GUARDIAN of Liam believes that the father should not talk to the child because she doesn't want anything to do with me so my question is if she doesn't want anything to do with me can the parental right can be removed? we asked if the step father would adopt her and he does not want to adopt her. Is any other way to removed the parental rights?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-3981610237345745572016-08-28T18:13:17.835-05:002016-08-28T18:13:17.835-05:00Incarceration is a big issue. You should consult ...Incarceration is a big issue. You should consult with your CPS worker.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-47591324514585952502016-08-28T15:30:20.520-05:002016-08-28T15:30:20.520-05:00We have had our foster child for almost two years ...We have had our foster child for almost two years and just found out that his father is facing incarceration. How would this potential prison sentence affect the next steps for the TPR? It has been on a reunification track to this point but the other parent just submitted a voluntary TPR.Anonymoushttps://www.blogger.com/profile/15856334248557613979noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-51036596333564707922016-07-03T13:10:37.110-05:002016-07-03T13:10:37.110-05:00 You should consult and attorney in your state who... You should consult and attorney in your state who can advise you as to what state law says in terms of visitation when a child reaches the age of majority (18).John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-1386950016145943142016-07-03T12:51:33.675-05:002016-07-03T12:51:33.675-05:00My granddaughter will be 18 in four days. She has ...My granddaughter will be 18 in four days. She has one more scheduled visit with her father. There has been some trouble with the stepmother. They told her that they can force her go there for visitations after she is 18. Is there any court actions that can take place between now and when she turns 18 on July 7th.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-27220003357173109432016-07-01T07:17:08.661-05:002016-07-01T07:17:08.661-05:00You should consult with an attorney in your jurisd...You should consult with an attorney in your jurisdiction who is skilled in probate/ TPR law.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-68158489915690129232016-06-30T11:29:59.109-05:002016-06-30T11:29:59.109-05:00Hi. My daughter's father gave up his rights a ...Hi. My daughter's father gave up his rights a long time ago. We were never married and she was never adopted. She is a disabled adult & the father is recently deceased. Can she still receive death benefits, or did I give that up?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5077774759289052226.post-43284615948150344342016-04-30T08:49:19.120-05:002016-04-30T08:49:19.120-05:00His situation is very complicated and the laws are...His situation is very complicated and the laws are different State to State. Your brother should contact a lawyer in his community who has experience in Juvenile law matters.John DiMottohttps://www.blogger.com/profile/15521940768659333581noreply@blogger.com