Taking the dad's rights away?

Question

How would a girl go about doing this? Would it make a difference that she was under 18 and he was over 18 and constantly in and out of jail? What if he had a crazy mom that wanted to take her son's girlfriend's baby away? What would give either of them right to visitation?

I'm not in a bad situation right now or anything, I'm just curious.

Answer 1

Depending on what state you live in....it's nearly impossible to have a father's rights taken away, because the courts believe that every parent has a right to see their kids no matter how bad or crazy he may be. You could try to file a motion to have supervised visitation if you're concerned for your childs safety, but that is also a long process because you would have to somehow convince the court that they are an unfit parent and you're childs safety is at risk if you leave them alone. The age factor wouldn't matter, I don't think.

As for the mother...if that ever happened you get her for kidnapping because she has no legal rights to the child, now if the son took the child that would be a different story because you can't be charged for kidnapping your own child.

So I hope you never have to deal with this because it's not a pleasant process...take it from someone who knows.

Answer 2

what gives them right to visitation is the fact that they are biologically his child and her grandchild.  you will need to convince a jugde that he should have the rights taken away.   You need to get a lawyer and go to court. Being in and out of jail has nothing to do with his rights taken away, in fact most judges encourage them to still be part of thier childrens lives.   Unless he is harming you or the child, they might not do anything..  If its worth the try, call a lawyer or legal aid.  

Answer 3

Well here is how they do it on the East Side;

First you need to get sole, legal and physical custody and that just states that you are in charge of your child and from there you can grant the father visitation rights and to do this you would have to go into a probate court, and you and the baby's father would have to meet with a mediator to come to a visitation agreement, like how many days and hours, holidays etc...

Once you two have come upon an agreement, you will have to go before a judge and if everything is okay, the judge will approve it.

I am not sure if you can take the father's rights away, you might be able to suspend his visitation if he is abusive, or neglectful.

Good Luck Hun  

Answer 4

Well unlike what the first answer said in any experience I know being in and out of jail or in to anything hardcore drug or alcoholic wise does interfere with visitation rights. If you can prove to a judge that his life style is not a suitable one to have a child in without supervision it would help tremendously.  Charlie Sheen has supervised visiation rights because he watched p**n, a person like that should easily only have supervised visits. Another thing to keep in mind is that they often favor the mother when it comes to family court because that's the way many judges believe it should be, which in this case would work in the right direction. I know my mother was afraid to take both my father and my siblings father to court over custody because she was afraid they'd win but she won both including the house I am in on this day.