How Hard Is It to Terminate Parental Rights in WV?

Published February 27, 2014

Question by mtb momma: How hard is it to terminate parental rights in WV?
I haven’t seen or heard from my ex husband in over 3 years. He has no visitation rights and hasn’t paid child support in almost a year. I would like the security of knowing he can’t try to take me back to court some year and try to get back into our lives. My child isn’t even aware his father exists. My kid is 4.
I have no idea where he is. The BCSE has been trying to locate him the past few months to take him to court for not paying child support and they have yet to find him. What happens if I can’t locate him to take him to court for termination of parental rights. I don’t mind having to give up child support…which I don’t receive anyway.

Best answer:

Answer by qb
each parent has us constitutional rights to the care custody and control of the child. the us sup ct has held that the state can terminate these rights by showing neglect, abandonment or abuse by ‘clear and convincing’ evidence which is a higher standard than normal civil cases but less than criminal. it means that it’s not easy but happens all the time.
if you’re willing to forgo the child support (which is based on his parental duties), then hire an attorney or call the family court for the county you live in to help you file the proper documents. you must attempt to notify him and the judge will make a determination.
Good luck
Well, the notice requirements are based on procedural constitutional due process rights requiring notification of a suit or petition to a defendant in every civil case. However it’s OK if you can’t find him. The way the law deals with that is through what’s called substitute service, such as proof of service to last known address, and publication of the suit in a paper for a period of time. Once you show the court proof of this type of service, and he misses the hearing date, you present your evidence and he will get an order and decree against him that is effective. This also happens all the time. I really would hire an attorney though bc if you screw service up, he can come in later and try to set the order aside. however it is not legally necessary. the state i live in has a family law help center for those who can’t afford attorneys.

Answer by Star
You will need an attorney – if you can’t afford one, try LegalAid.

http://family.findlaw.com/parenting-law/terminate-parental-rights.html

Terminating Parental Rights

Every state (and the District of Columbia) has statutes providing for the termination of parental rights. Termination of parental rights ends the legal parent-child relationship.

Grounds for Termination of Rights

Some states spell out factors that constitute grounds for termination of parental rights. Other states use general language. The most common statutory grounds for involuntary termination of parental rights include:

* Severe or chronic abuse or neglect;
* Abuse or neglect of other children in the household;
* Abandonment;
* Long-term mental illness or deficiency of the parent(s);
* Long-term alcohol or drug-induced incapacity of the parent(s);
* Failure to support or maintain contact with the child.

Another common ground for termination is a felony conviction of the parent(s) for a crime of violence against the child or other family member, or a conviction for any felony when the term of conviction is such a length as to have a negative impact on the child and the only available provision of care for the child is foster care.

Child’s Best Interests

Most states consider a child’s best interest in termination proceedings. In some states, statutes use general language mandating that the child’s health and safety be paramount in all proceedings, while other states’ legislation lists specific factors that must be considered, such as the child’s age; the physical, mental, emotional and moral well-being; cultural and attachment issues; as well as the child’s reasonable preferences.