If The Mother Of The Child Has Been Gone For 6 Years, Does The Father Still Have To Petition The Court For Termination Of The Mother’s Parental Rights?

Today’s question comes to us from Sodaya, and she wants to know if the mother of the child has been gone for over six years, does the father still have to petition the court to terminate the mother’s parental rights?

Sodaya’s situation is this, her new boyfriend has a child whom the biological mother has not seen for over six years. The father would like to terminate the mother’s rights but wants to know if they have to petition the court to do so.

The answer to this question is, YES, a petition to terminate parental rights will still have to be done through the courts even though it’s been over six years that the parent has not been in their child’s picture, in their child’s life.

In Nevada, to constitute abandonment of a child amounts to not seeing the child, not being part of the child’s life for over six months. However, that absence doesn’t automatically amount to giving up parental rights. The dad would still have to petition the court to terminate the mom’s parental rights, and even if the mother comes back then you will have a little bit more litigation if the mother is fighting it.

If the mother is contacted and she happens to agree to it, then it will be a little bit smoother road. But termination of parental rights is a big deal according to the courts because it amounts to a constitutional right of a parent to a child. So therefore it is not done without a petition to the court and an attempt or notice to the other party.

I hope this answers your question Sodaya. If you wanna discuss this further, please go to vegasdivorcemeeting.com, I’ll be happy to talk to you about this further.

 

Nothing is more important than your family. LJ Law is a Family Law Firm in Las Vegas, Nevada. We offer help in cases such as Divorce, Child Custody and Visitation, Child Support, Pre and Post-Nuptial Agreements, Annulments, Alimony, Adoption, Guardianship, Paternity and much more.

 

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www.ljlawlv.com/family-law/

 

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